Pena
(PC) Anderson v. Pena
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CAMERON MILLS ANDERSON, No. 2:20-CV-1364-DJC-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS C. PENA, Defendant. 16 Plaintiff, a state prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is Defendant’s unopposed motion for summary judgment, ECF No. 30-1. Plaintiff alleges that Defendant violated his Eighth Amendment rights to adequate medical care by slicing his arm when administering a vaccination, and by failing to properly treat the resulting wound. See ECF No. 1, pgs. 6-7. Defendant moves for summary judgment because: (1) Plaintiff’s alleged injury was not sufficiently serious; (2) Defendant’s alleged conduct did not meet the deliberate indifference standard; and (3) Defendant is entitled to qualified immunity.1 See ECF No. 30-1, pgs. 5-11. The undersigned agrees that there was no Eighth Amendment violation and recommends that Defendant’s motion for…