Jones

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEAN-PAUL BOROWIEC, No. 2:23-cv-2173-SCR 12 Plaintiff, 13 v. ORDER AND 14 JONES, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on an Eighth Amendment 19 failure to protect claim against defendant Jones as alleged in plaintiff’s first amended complaint. 20 See ECF Nos. 8, 9 (screening order). Currently pending before the court is defendant’s motion to 21 dismiss on the grounds that plaintiff has failed to state a claim upon which relief can be granted 22 and because defendant is entitled to qualified immunity. For the reasons explained in further 23 detail below, it is recommended that defendant’s motion to dismiss be denied. 24 I. Factual and Procedural Background 25 Plaintiff filed a first amended complaint on May 28, 2024. ECF No. 8. By way of 26 background,…