(PC) Cooks v. State of CA Dept. of Corrections and Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAWN EDWARD COOKS, No. 2:20-cv-1780 DAD KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al., Defendants. 17 Plaintiff is a state prisoner, proceeding through counsel. The following motions are before the court: plaintiff’s renewed motion to amend and defendant Lameer’s motion for good faith settlement as to Dr. Lameer. As set forth below, it is recommended that plaintiff’s motion to amend be denied, and plaintiff’s motion for good faith settlement be granted. In addition, it is recommended that if the district court adopts such recommendations, this action be dismissed. Background On September 3, 2020, counsel filed this action on behalf of plaintiff. Plaintiff’s original complaint alleges that:
On January 26, 2018, plaintiff broke his leg; defendant Dr. Lameer performed surgery, inserting a metal plate and five screws (“the 27 …