Moffitt

I. BACKGROUND

19 A. Moffitt’s Eighth Amendment Claim 20 On August 25, 2022, Moffitt, a state prisoner currently incarcerated at the California 21 Substance Abuse Treatment Facility, filed a pro se complaint under 42 U.S.C. § 1983 alleging an 22 Eighth Amendment claim against Dr. Winslow stemming from an incident at San Quentin State 23 Prison (“SQSP”) where Moffitt was previously incarcerated. Dkt. 1. Moffitt initially named the 24 following SQSP defendants: Dr. Winslow; Dr. Lenoir; and Registered Nurse (“RN”) N. Podolsky. 25 In his original complaint, Moffitt alleged that a doctor denied him a lower bunk, and the 26 following summary is taken from the Court’s December 15, 2023 Order dismissing the complaint 27 with leave to amend: Plaintiff’s brief complaint states that he was seen by defendant Dr. 1 Lenoir on approximately October 19, 2020. Plaintiff complained of excruciating lower back pain, and that he was having difficulty 2 climbing up to his assigned top bunk. Dr. Lenoir denied a request for a lower bunk accommodation. Several months later plaintiff was 3 transferred to a different prison and was placed in a lower…