Gonzalez
Gonzalez v. Lam
Opinion
Trial Court Opinion
I. INTRODUCTION
10 This suit was reassigned from a magistrate judge to the undersigned judge. Dkt. 19. 11 Plaintiff, a state prisoner incarcerated at the California Training Facility (“CTF”), brings the 12 instant pro se civil rights action under 42 U.S.C. § 1983, alleging an Eighth Amendment claim for 13 deliberate indifference to serious medical needs by Defendant Dr. Phuc Lam, a CTF physician. 14 Plaintiff seeks declaratory and injunctive relief as well as monetary and punitive damages. He has 15 also requested for appointment of counsel. Dkt. 1 at 13.1 16 Magistrate Judge Kandis A. Westmore screened Plaintiff’s complaint under 28 U.S.C. 17 § 1915A(a), and found that he stated a claim under the Eighth Amendment for deliberate 18 indifference to serious medical needs. Dkt. 7 at 2. Magistrate Judge Westmore also ordered 19 Defendant to file a dispositive motion no later than thirty days from the date his answer was due. 20 Id. at 3. Defendant subsequently declined magistrate jurisdiction, and, as mentioned, this action 21 was reassigned to the undersigned judge. Dkts. 17, 19. Defendant then twice moved to change 22 the time to file a dispositive motion, both of which…