Haynes
Haynes v. Chau
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EARL EUGENE HAYNES, Case No.: 19cv2257-JAH(KSC)
Plaintiff,
REPORT AND RECOMMENDA-
v. TION RE MOTION TO DISMISS
FILED BY DEFENDANT JOHN
DR. JOHN CHAU, Physician and CHAU, M.D. [Doc. No. 11.] Surgeon; DR. D. ROBERTS, Chief 15 Medical Executive, and SGT. M. ARTEGA, Correctional Officer, Defendants. 18 Plaintiff Earl Eugene Haynes is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to Title 42, United State Code, Section 1983, alleging his rights under the United States Constitution were violated at the Richard J. Donovan Correctional Center (“RJD”) by defendant John Chau, M.D., because he was deliberately indifferent to plaintiff’s serious medical needs. The Complaint also includes a state law cause of action against Dr. Chau for medical negligence. [Doc. No. 1, at pp. 9-15, 17.] Defendant Chau has filed a Motion to Dismiss [Doc. No. 11]…