(PC) Antonio Gutierrez v. California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaJuly 12, 20231:20-cv-01130California1,076 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 10 ANTONIO GUTIERREZ, JR., Case No. 1:20-cv-01130-JLT-EPG (PC) 11 Plaintiff, ORDER PERMITTING PARTIES TO FILE SUPPLEMENTAL BRIEFS RE: v. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT WITHIN

TWENTY-ONE DAYS

SANDOVAL,

Defendant.

16 Antonio Gutierrez, Jr. (“Plaintiff), is proceeding in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On March 14, 2023, Defendant filed a motion for summary judgment “on the grounds that Defendant is entitled to judgment as a matter of law because there is no evidence that Defendant Sandoval was deliberately indifferent to the serious medical needs of the Plaintiff and there is no medical evidence that the lapse of 40 hours between the onset of Plaintiff’s symptoms and his treatment made any difference in Plaintiff’s outcome.” (ECF No. 79, p. 2). The motion has been fully briefed, and the Court held a hearing on the motion on May…

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