Anastassiou

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RALPH MORALES, No. 2:20-cv-00704 DAD KJN P 12 Plaintiff, ORDER AND 13 v. FINDINGS & RECOMMENDATIONS 14 PETER ANASTASSIOU, 15 Defendant. 16 17 I. Introduction 18 Plaintiff Ralph Morales, a state prisoner proceeding with counsel, filed a civil rights action 19 pursuant to 42 U.S.C. § 1983. In his second amended complaint, Morales alleges that defendant 20 Peter Anastassiou acted with deliberate indifference to his serious medical needs in violation of 21 the Eighth Amendment and committed medical malpractice under state law when he refused to 22 conduct a bronchoscopy to test for tuberculosis and removed part of Morales’s lung and 23 surrounding lymph nodes. (ECF No. 31.) Pending before this Court are Anastassiou’s summary 24 judgment motion (ECF No. 48), Morales’s requests for judicial notice (ECF Nos. 50-2 & 58), and 25 Morales’s motion for leave to file a sur-reply in opposition to the summary judgment motion 26 (ECF No. 59.).1 For the reasons…