Marron

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ALEJANDRO MARRON, Case No.: 19cv1344-BAS (MSB)

Plaintiff,

REPORT AND RECOMMENDATION FOR

v. ORDER DENYING MOTION TO DISMISS

COMPLAINT FOR FAILURE TO STATE A

S. SAHA, M.D., et al.,

CLAIM

Defendants. 16 17 On July 18, 2019, Plaintiff Alejandro Marron (“Plaintiff”) filed his Complaint alleging a violation of his civil rights pursuant to 42 U.S.C. section 1983. (ECF No. 1.) Plaintiff alleges that while he was incarcerated in California state custody, Defendants Dr. S. Saha, M.D. (“Saha”), and Dr. Griffith, M.D. (“Griffith”) (collectively, “Defendants”), violated his Eighth Amendment right to be free from cruel and unusual punishment when they failed to provide timely treatment and medication for Plaintiff’s right knee pain and refused to issue a lower bunk accommodation. (Id. at 8-14.) Because of the pain and injury caused by Defendants’ alleged delay, Plaintiff requests declaratory relief 26 …