Haynes

BACKGROUND

21 On November 25, 2019, Plaintiff Eugene Hayes (“Plaintiff”), a state prisoner 22 proceeding pro se and in forma pauperis, filed a civil rights Complaint pursuant to 42 23 U.S.C. § 1983, alleging his rights under the United States Constitution were violated at 24 the Richard J. Donovan Correctional Center (“RJD”) by Defendant John Chau, M.D. 25 (“Defendant”), because he was deliberately indifferent to Plaintiff’s serious medical 26 needs. The Complaint also includes a state law cause of action against Dr. Chau for 27 medical negligence. See Doc. No. 1. 28 Plaintiff also filed a motion to proceed in forma pauperis (“IFP”) on November 25, 2019, pursuant to 28 U.S.C. § 1915(a). See Doc. No. 2. On March 16, 2020, the Court granted Plaintiff’s IFP motion and issued summons. See Doc. Nos. 9, 10. On May 27, 2020, Defendant filed the instant motion to dismiss, seeking dismissal of the medical negligence cause of action against him in Plaintiff’s Complaint for failure to state a claim pursuant to Federal Rule of Procedure 12(b)(6). See Doc. No. 11. Plaintiff filed a response in opposition to the motion to dismiss on August 5, 2020. 8 …