Cate

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERICK EDDIE RODRIGUEZ, Case No.: 1:21-cv-00898-KES-SKO (PC) Plaintiff, ORDER DECLINING TO ADOPT FINDINGS

AND RECOMMENDATIONS

v. (Doc. 57) MATTHEW CATE, et al., Defendants.

16 Plaintiff Erick Eddie Rodriguez (“Rodriguez”) is a former state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Rodriguez filed his complaint on September 10, 2019. Doc. 1. On October 27, 2021, the court directed Rodriguez to pay the filing fee for this action, finding that he had sufficient funds to pay the fee. Doc. 23. The filing fee was paid on March 29, 2022. See docket (receipt #CAE100050269). The court screened the complaint, finding it plausibly stated Eighth Amendment claims regarding conditions of confinement, and directed service upon defendants. Docs. 35, 36. Defendants filed their answer on June 20,…