CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 XAVIER LUMAR J’WEIAL, No. 2:21-cv-00712-WBS-SCR P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 Plaintiff is proceeding pro se in this civil rights matter under 42 U.S.C. § 1983. The matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Defendants’ motion to dismiss (ECF No. 33) is before the court on remand from the assigned district judge for consideration of qualified immunity. Also before the court are plaintiff’s motion for summary judgment (ECF No. 43), motion for special master (No. 49), and request for hearing date (ECF No. 50). As explaind herein, the court denies plaintiff’s motion for special master and request for hearing date and recommends that defendant’s motion to dismiss and plaintiff’s motion for summary judgment be denied. ///// ///// ///// …