(PC) Mendez v. Lee

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH MATTHEW MENDEZ, No. 2:16-cv-0477 DJC AC P Plaintiff, v. FINDINGS & RECOMMENDATIONS B. LEE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion for summary judgment. ECF No. 31. I. Procedural History This case proceeds on the first amended complaint, which was screened and found to state claims for deliberate indifference against defendants Lee, Murray, and Lewis. ECF No. 9. After the close of discovery, defendants filed a motion for summary judgment, which plaintiff opposes. ECF Nos. 31, 36. II. Plaintiff’s Allegations The first amended complaint alleges that plaintiff was seen by an audiologist/ENT specialist who referred him for immediate treatment of his “vastly deteriorating” hearing, including a cochlear implant to restore his hearing or at least maintain it…