; Combs v. Washington State, No. C12-5280 RBL, 2014 WL 4293960, at *13 (W.D. Wash. Aug. 29, 2014) (dismissing civil rights claims against volunteer prison chaplain whose “only involvement was providing ecclesiastical advice about Jewish-related matters, including kosher dietary standards,” and was therefore not a “state actor”), aff'd, 660 Fed.Appx. 515 (9th Cir. 2016);
Based on the materials presented and viewing them in the light most favorable to Plaintiff, the court concludes that Defendants' course of treatment - reducing the hernia, providing pain medication, and watchful waiting - was not an unreasonable course of treatment. See, e.g., Hamby v. Hammond, Case No. 3:14-CV-05065-RBL, 2015 WL 1263253 (W.D. Wash. Mar. 19, 2015) (Judge Leighton), aff'd, 821 F.3d 1085 (9th Cir. 2016) (prison officials did not pursue a medically unreasonable course of treatment when they declined to refer an inmate for surgical evaluation of a reducible umbilical hernia, even if they were aware inmate was in chronic pain); Johnson v. Doughty, 433 F.3d 1001, 1014-15 (7th Cir. 2006); Cox v. Jackson, 579 F. Supp. 2d 831 (E.D. Mich. 2008) (denying preliminary injunction for surgical repair of abdominal hernia); Combs v. Washington State, et al., Case No. 12-5280-RBL, 2014 WL 4293960, at *26 (W.D. Aug. 29, 2014) (Judge Leighton); Brandon v. Albert, No. C10-360-JCC, 2010 WL 6613108, at *5 (W.D. Wash. Dec. 22, 2010) (strategy of watchful waiting for inguinal hernia did not violate Eighth Amendment), adopted by 2011 WL 1753778 (May 9, 2011); Foxley v. Cristman, C06-0114-RSL, 2007 WL 171902, (W.D. Wash. Jan. 17, 2007) (same); Rossi v. Nev. Dep't of Corr., 390 Fed App'x 719 (9th Cir. 2010); Anderson v. Bales, No. C12-2244, 2013 WL 1278122, (7th Cir. 2013) (no deliberate indifference based on failure to provide hernia surgery for reducible hernia); Brown v. Beard, 445 Fed App'x 453, 455-56 (3rd Cir. 2011) (inmate did not state an Eighth Amendment claim for failing to provide surgery for reducible hernia); Rodriguez v. Sec'y of Pa. Dep't of Corr., 441 Fed App'x 919, 923-24 (3rd Cir. 2011) (affirming dismissal for failure to state a claim based on failure to operate on hernia until it became strangulated); Webb v. Hamidullah, 281 Fed App'x 159 (4th Cir. 2008); Horton v. Ward, 123 Fed App'x 368, 373
Although the spoiled produce was part of the Kosher Diet Program, and not "extra," Plaintiff has not provided any evidence establishing that without the fresh produce, he was served a diet that was inadequate to sustain his health. See id.; Combs v. Washington, No. C12-5280 RBL, 2014 WL 4293960, at *20 (W.D. Wash. Aug. 29, 2014) ("[Plaintiff] provides no admissible evidence to raise a material issue of fact on the nutritional adequacy of the Kosher Diet at CRCC. [Plaintiff]'s claim . . . is based on nothing more than speculation . . . .").
However, "[m]edical articles may only be admitted as substantive evidence if the statement is established to be from a reliable medical authority and is relied upon by a medical expert witness" and "must also be authenticated before it can be admissible." Combs v. Washington State, No. C12-5280 RBL, 2014 WL 4293960, at *2 (W.D. Wash. Aug. 29, 2014), aff d sub nom. Combs v. Washington, 660 F. App'x 515 (9th Cir. 2016).