Solorzano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MILLARD WAYNE BAKER, JR., Case No. 2:22-cv-01096-KJM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS v. THAT PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT BE DENED

C. SOLORANO, et al., ECF No. 79 Defendants.

16 17 Plaintiff brings this case alleging that defendants violated his Eighth Amendment rights by failing to protect him from an attack by other inmates. ECF No. 30 at 3-4, 6. He also alleges that an unnamed officer defendant failed to summon medical staff after the attack. Id. at 9. Pending is his motion for summary judgment, ECF No. 79, to which defendants have filed an opposition, ECF No. 93. I recommend that plaintiff’s motion be denied. A. Legal Standards Summary judgment is appropriate where there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); Washington Mutual Inc. v. United States, 636 F.3d 1207, 1216 (9th Cir.…