OPINION & ORDER Erick Ellis (“Plaintiff”) brings this action pro se and in forma pauperis against Kyoung Kim, Robert Bentivegna, and Lewis Boyd (“Defendants”), asserting claims for relief under 42 U.S.C. §1983 predicated upon violations of his First and Eighth Amendment rights. Plaintiff commenced this action on June 21, 2023. (Doc. 1). Defendants filed a motion to dismiss the Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) on March 1, 2024. (Doc. 22; Doc. 23, “Def. Br.”). Plaintiff filed his memorandum of law in opposition on May 3, 2024. (Doc. 26, “Pl. Br.”). Defendants filed their reply on May 15, 2024 (Doc. 27), and Plaintiff filed, with the Court’s permission, a sur-reply and affidavit in support of his sur-reply on July 15, 2024 (Doc 31).1 For the reasons set forth below, Defendants’ motion to dismiss is GRANTED in part and DENIED in part. BACKGROUND Plaintiff is incarcerated at Green Haven Correctional Facility and suffers from several medical conditions. Plaintiff alleges that from 2014-2019 he suffered “pain and discomfort to his stomach,” “shortness of breath,” and an “inability to hold food in his system.” (Compl. 5). He was diagnosed with a hernia in 2014. (Id. 6). Around that period, Plaintiff was assigned Defendant Kim as his healthcare provider. (Id. 7). Defendant Kim, since then, has “ordered” Plaintiff to take a blood thinner medication. (Id. 10). Plaintiff alleges that this medication delayed a procedure to treat his hernia. (Id. 11). Plaintiff also alleges that different treating physicians recommended that he stop taking the blood thinner medication. (Id.
9, 11). Plaintiff shared this recommendation with Defendant Kim, who, as alleged, declined to follow this differing advice. (Id. 10). Defendant Kim allegedly also “refused to clear” Plaintiff for surgery to address his hernia because Plaintiff has diabetes. (Id. 13). In May 2018, another physician told Plaintiff that his “pain and discomfort may be due to the stint placed in his heart[].” (Id. 18). Plaintiff, as alleged, never received treatment for the stint. In May 2019, Plaintiff “received [] hernia surgery.” (Id. 21). On March 10, 2021, Plaintiff “received oral surgery” to treat “pain,” “discomfort,” and “swelling” in his gums and mouth. (Id.
