Dayson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOHN FRATUS, No. 2:20-cv-000354 TLN SCR P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DAYSON, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Presently before the court is defendants Lozano’s and Hurley’s motion for summary judgment. (ECF No. 119.) For the reasons described below, the undersigned recommends that defendants’ motion be denied. PROCEDURAL HISTORY The case is proceeding on plaintiff’s first amended complaint (“FAC”) filed October 26, 2020. (ECF No. 1.) On screening, the previously assigned magistrate judge found plaintiff stated a cognizable Eighth Amendment medical indifference claim against defendants Dayson, Vallar, and Houston, and a cognizable Eighth Amendment conditions of confinement claim against defendants Siegel, Rodgers, Hurley, and Lozano. (ECF No. 18.) Plaintiff later voluntarily…