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

I. INTRODUCTION

19 Antonio Gutierrez, Jr. (“Plaintiff), is proceeding in forma pauperis in this civil rights 20 action filed pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s claim against 21 defendant Sandoval (“Defendant”), a nurse, for deliberate indifference to his serious medical 22 needs in violation of the Eighth Amendment and Plaintiff’s claim against Defendant for 23 medical malpractice based on allegations that Defendant failed to provide or summon care for 24 Plaintiff on August 17, 2019. (ECF Nos. 26 & 31). 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).1 The same day, Defendant filed an amended declaration of Janine K. Jeffery in support of the motion. (ECF No. 80). On March 29, 2023, Plaintiff filed his opposition. (ECF No.…