Cate

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

TO GRANT DEFENDANTS’ MOTION

v. FOR SUMMARY JUDGMENT

M. CATE, et al., 14-DAY OBJECTION PERIOD Defendants. 16 Plaintiff Erick Eddie Rodriguez is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. I. INTRODUCTION On May 17, 2024, Defendants filed a Motion for Summary Judgment. (Doc. 53.) The 21 motion included a Rand1 warning to Plaintiff. (Doc. 53-1.) Plaintiff did not file an opposition to Defendants’ motion and the time to do so has passed. II. PLAINTIFF’S CLAIMS Plaintiff contends he was exposed to hazardous toxic substances while incarcerated at Kern Valley State Prison (KVSP) from 2010 to 2012 and was diagnosed with “Dermatofibrosacoma Proberans (DFSP) in 2018.” He alleges DFSP is a rare form of cancer

1 Rand v. Rowland, 154 F.3d 952, 962-63…