Bhutia

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY GUILLORY, No. 2:21-cv-0462 WBS AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS BHUTIA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without an attorney in a civil rights action pursuant to 42 U.S.C. § 1983. This case is proceeding on plaintiff’s first amended complaint (“FAC”) against defendants Bhutia and Flores for Eighth Amendment deliberate indifference and against Bhutia for Fourteenth Amendment Due Process violations. ECF No. 20 (screening order). Currently before the court are defendants’ motions to revoke in forma pauperis (“IFP”) status, ECF No. 34, and for summary judgment, ECF No. 40. For the reasons that follow, the undersigned recommends that (1) defendants’ motion to revoke IFP be denied as moot, and (2) defendants’ motion for summary judgment be granted as to plaintiff’s Eighth Amendment claims but denied as to plaintiff’s Fourteenth Amendment claim against defendant Bhutia. 26 …