Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON ERIK SCHMAUS No. 2:20-cv-1356 DJC AC P Plaintiff, v. FINDINGS & RECOMMENDATIONS P. COVELLO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendant’s motion for summary judgment. ECF No. 53. I. Procedural History On screening the complaint, the court found that plaintiff had stated a cognizable claim for retaliation against defendant Smith. ECF No. 10. No other claims were sufficiently pled. Id. Plaintiff was given the option of proceeding on the complaint as screened or amending the complaint. Id. at 8. He chose to proceed on the complaint as screened and voluntarily dismissed his Eighth Amendment claims, as well as defendants Covello, Bal, Wong, Vaughn, and Gates. ECF No. 25 at 2; ECF No. 26. After the close of discovery, defendant moved for summary judgment (ECF No. 53), which…