Orcasitas

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOE TOMAS ORCASITAS, JR., Case No. 21-cv-143-MMA (RBB)

CDCR #J-36909,

ORDER DENYING DEFENDANT’S

Plaintiff, MOTION TO DISMISS v. [Doc. No. 8]

DOCTOR KO, M.D.,

15 Defendant. 16 17 Plaintiff Joe Tomas Orcasitas, Jr. (“Plaintiff”), a California inmate proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that Defendant Dr. Ko (“Defendant”) violated his Eighth Amendment right to adequate medical care. See Doc. No. 1 (“Compl.”). Defendant moves to dismiss Plaintiff’s claim pursuant to Federal Rule of Civil Procedure 12(b)(6). See Doc. No. 8. Defendant’s motion is accompanied by a certification indicating that Plaintiff was properly served at his current institutional address with copies of the moving papers. See id. at 3. Plaintiff has not filed a response in opposition to Defendant’s motion, and the time for doing so 26 27 28 has expired. See CivLR 7.1.e.2. For the reasons…