Oboyle
Darius De’Mon Lake v. A. O’Boyle, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARIUS DE’MON LAKE, No. 2:23-cv-1306 DJC AC P Plaintiff, v. ORDER AND FINDINGS &
RECOMMENDATIONS
A. OBOYLE, et al. Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion for summary judgment. ECF No. 28. I. Procedural History This case proceeds on plaintiff’s second amended complaint. ECF No. 13. On screening, the court found that plaintiff had stated a cognizable deliberate indifference claim against defendants O’Boyle and Rutledge and dismissed plaintiff’s retaliation claim without leave to amend. ECF No. 14, 22. In response to the complaint, defendants filed an answer (ECF No. 27) and an exhaustion-based motion for summary judgment (ECF No. 28). They also moved to stay 26 Plaintiff has also filed a motion to reschedule the settlement conference. ECF No. 40. However, the motion was…