Thomas

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

9 10 WILLIAM H. THOMAS, Case No.: 22-cv-0979-RSH-DEB 11 Plaintiff,

REPORT AND

12 v. RECOMMENDATION ON CROSS- MOTIONS FOR SUMMARY

AGUILAR, CORRECTIONAL

JUDGMENT

OFFICER,

Defendant. [DKT. NOS. 38, 51]

17 This Report and Recommendation is submitted to United States District Judge 18 Robert S. Huie pursuant to 28 U.S.C. § 636(b) and Civil Local Rules 72.1(c) and 72.3(e). 19 I. BACKGROUND Plaintiff William H. Thomas, a prisoner in the custody of the California Department 21 of Corrections and Rehabilitation (“CDCR”), is proceeding pro se with a First Amended 22 Complaint pursuant to 42 U.S.C. § 1983. Thomas alleges Defendant Correctional Officer 23 Aguilar violated his Eighth Amendment rights by failing to timely respond to a broken 24 toilet in Thomas’s cell. Dkt. No. 5.1

26 1 The Court screened the First Amended Complaint (“FAC”) and found Thomas plausibly alleged an Eighth Amendment violation against Aguilar. Dkt. No. 6. Thomas subsequently…