Bal

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 ERNEST LEE COX, JR., No. 2:22-cv-00804 WBS EFB Plaintiff, v. MEMORANDUM AND ORDER RE:

DEFENDANTS’ MOTION TO DISMISS

I. BAL, M. WILLIAMS, and T.

PATTERSON,

16 Defendants. 17 ----oo0oo---- Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. Plaintiff alleges that defendants violated his rights under the Eighth Amendment in connection with inmate housing placements at Mule Creek State Prison (“M.C.S.P.”) during the COVID-19 pandemic. (See Docket Nos. 19, 27.) The Magistrate Judge’s findings and recommendations recommend denying defendants’ motion to dismiss. (See Docket No. 49.) Neither side has filed objections to the findings and recommendations. Nevertheless, because defendants are entitled to qualified immunity, the court declines to follow the Magistrate Judge’s recommendation…