Weiss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDRES C. HERNANDEZ, Case No. 2:20-cv-01006-DJC-JDP (PC) Plaintiff, v. FINDINGS AND RECOMMENDATION RICHARD WEISS, Defendant. ECF No. 47 16 Plaintiff is a former state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He alleges that defendant Richard Weiss, a physician at Mule Creek State Prison (“MCSP”), violated his Eighth Amendment rights by failing to adequately treat his systemic lupus erythematosus (“lupus”) and related deep vein thrombosis (“DVT” or blood clot), resulting in a “cardiac event.” ECF No. 1. Defendant moves for summary judgment, arguing that plaintiff cannot show deliberate indifference. ECF No. 47. In the 23 1 The underlying basis of plaintiff’s claim is hard to pin down. In the complaint, he alleges that defendant ignored or failed to treat his lupus and DVT for years, resulting in pain and multiple complications. See ECF No. 1 at 7-8. At his…