Singh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD JOSHUA SMITH, Case No. 2:20-cv-00101-TLN-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION FOR

13 v. SUMMARY JUDGMENT BE GRANTED 14 DHARMYIR SINGH, ECF No. 49 15 Defendant.

17 Plaintiff Donald Smith alleges that defendant Dr. Dharmyir Singh violated the Eighth Amendment because he failed to treat plaintiff’s musculoskeletal injuries to his arm and back. Defendant moves for summary judgment, arguing that he was not plaintiff’s physician during the time plaintiff alleges he was denied medical treatment and that, once he became plaintiff’s physician, his treatment met the standard of care. Additionally, defendant claims qualified immunity. I recommend granting defendant’s motion. Background In his second amended complaint, plaintiff alleges that in November 2018, he injured his arm and back while working in kitchen scullery. ECF No. 26 at 3. He alleges that…