Yaplee

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROBERT WASHINGTON, Case No. 1:20-cv-01356-EPG Plaintiff, ORDER THAT PLAINTIFF CLAIM NOT

BARRED BY STATUTE OF LIMITATIONS

13 v.

STEVEN M. YAPLEE, M.D.,

15 Defendant.

17 Robert Washington (“Plaintiff”) is a state prisoner proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s Eighth Amendment claim against Defendant Steven M. Yaplee (“Defendant”) for deliberate indifference to Plaintiff’s serious medical needs. (ECF Nos. 1, 7). This case is set for jury trial on September 19, 2023. Ahead of trial, Plaintiff and Defendant have asked the Court to determine the availability of Defendant’s statute of limitations defense and have submitted briefing regarding this issue. (ECF Nos. 90, 91, 92, 93). For the reasons that follow, the Court finds that at least one of Plaintiff’s 602 Health Care Grievances and Appeals tolls the applicable statute of limitations in this case to render Plaintiff’s complaint…