Voage
Voage v. Dr. Shpaner
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KEVIN VOAGE, Case No.: 3:21-cv-00420-WQH-BLM
Plaintiff,
ORDER DENYING DEFENDANTS’
vs. MOTIONS TO DISMISS
PLAINTIFF’S COMPLAINT
DR. SHPANER; and DR. MASSOUD PURSUANT TO FRCP 12(b)(6)
SOUMEKH,
15 Defendants. 16 [ECF Nos. 10, 11] 17 Hayes, Judge: Plaintiff Kevin Voage, a state inmate currently housed at the California Health Care Facility located in Stockton, California, is proceeding in this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1). On August 11, 2021, Plaintiff filed his Complaint alleging Defendants Dr. Massoud Soumekh and Dr. Alexander Shpaner violated his Eighth Amendment rights when they were deliberately indifferent to his serious medical needs. Currently before the Court are Defendants Soumekh and Shpaner’s Motions to Dismiss Plaintiff’s Complaint. (ECF Nos. 10, 11). Both Defendants contend that the Complaint fails to state an Eighth Amendment claim upon which relief may…