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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 JOSE MIGUEL DE LA CRUZ, Case No. 1:20-cv-00997-ADA-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

v. MOTION FOR SUMMARY JUDGMENT BE

DENIED

OSCAR GALLOWAY, et al., (ECF No. 42) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

16 I. INTRODUCTION Jose Miguel Da Le Cruz (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff’s claims against defendants Gates and Galloway (“Defendants”) for deliberate indifference in violation of the Eighth Amendment based on Plaintiff’s allegations that Defendants failed to provide Plaintiff with treatment for his hearing impairment. (ECF Nos. 14 23 & 17).1 On May 13, 2022, Defendants filed a motion for summary judgment “on the grounds that: (1) Plaintiff did not have a serious medical need for a right cochlear implant; (2) 26 …