Ponce
(PC) Stewart v. Ponce
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRYL LEROY STEWART, JR., No. 2:22-cv-00285-CKD Plaintiff, v. ORDER S. PONCE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in this civil rights action filed pursuant to 42 U.S.C. § 1983. On May 11, 2023, this matter was referred to the undersigned for all further proceedings and entry of final judgment based on the consent of all the parties. ECF No. 29. This case is proceeding on plaintiff’s complaint against defendants Ponce and Ibarra for failing to protect him from being attacked by another inmate on January 29, 2021 in violation of the Eighth Amendment. See ECF No. 9 (screening order). On December 11, 2023, defendants filed a motion for summary judgment which has been fully briefed by the parties. ECF Nos. 35, 41-42. For the reasons that follow, the motion is granted and judgment is entered for defendants. ///// 27 1 The claims against defendants in their official capacity…