Jason Thor Leonard v. California State Prison Sacramento, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON THOR LEONARD, No. 2:22-cv-01231 WBS SCR P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA STATE PRISON SACRAMENTO, et al., 15 Defendants. 16 17 18 Plaintiff, who was formerly incarcerated in state prison, is proceeding pro se and in forma 19 pauperis with this civil rights action under 42 U.S.C. § 1983. Defendants Britton and Bartlett, the 20 only remaining defendants, have filed a motion for summary judgment. (ECF No. 53.) For the 21 reasons set forth below, the undersigned recommends the motion be granted. 22 PROCEDURAL BACKGROUND 23 The action is proceeding on plaintiff’s operative first amended complaint (“FAC”) filed 24 on April 28, 2023. (ECF No. 10.) Plaintiff alleged that on June 30, 2020, defendants A. Britton 25 and S. Barlett, both Correctional Officers (“C/Os”) at California State Prison, Sacramento (“CSP- 26 Sac”), violated his Eighth Amendment rights by allowing him to be stabbed by another inmate. 27 Plaintiff…