Ciufo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Mitchell Theophilus Garraway No. 1:17-cv-00533-KJM-GSA Plaintiff, ORDER v. Jacquiline Ciufo et al., 1S Defendants. 16 Plaintiff Mitchell Garraway brings a claim under Bivens v. Six Unknown Agents, 403 U.S. 388 (1971), against three defendants, Jacquiline Ciufo, K. Miller, and J. Zaragoza, all employees 19 ata federal prison, alleging they violated his Eighth Amendment rights when they failed to 20 protect him while he was incarcerated there. Defendants move the court to reconsider its previous denial of their motion for judgment on the pleadings, arguing recent Ninth Circuit decisions bar Garraway’s claims from moving forward. As described more fully below, the court grants the motion. 24 I. BACKGROUND Garraway was a federal prisoner in Atwater, California, in 2016 when he alleges his 26 cellmate cut him on the nose with a razor. Compl. at 4, ECF No. 1. He informed Lieutenant…