Sherman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EDWARD B. SPENCER, Case No.: 1:21-cv-01551-CDB Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CERTAIN CLAIMS AND

v. DEFENDANT SHERMAN

STUART SHERMAN, et al., 14-DAY OBJECTION PERIOD

Defendants. Clerk of the Court to Assign District Judge

Plaintiff Edward B. Spencer is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. section 1983. I. INTRODUCTION On May 2, 2025, the Court issued its Second Screening Order. (Doc. 17.) It found Plaintiff plausibly alleged an Eighth Amendment failure to protect claim against Defendant Lopez for refusing or failing to wear a mask. (Id. at 9.) The Court further found that Plaintiff failed to allege any other cognizable Eighth Amendment claim against Defendants Sherman or Lopez concerning housing and dining decisions during the COVID-19 pandemic, or for permitting infected inmate porters into common areas or permitting…