Jesse Lee Shavers, Jr. v. Schriver, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JESSE LEE SHAVERS, Jr., Case No. 2:23-cv-0112-DAD-JDP (P) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SCHRIVER, et al., 15 Defendants. 16 17 18 Plaintiff, a state prisoner, brought this action under section 1983 alleging that defendants 19 Schriver and Trujillo violated his Eighth Amendment rights when they failed to protect him from 20 an attack by another inmate. ECF No. 30 at 3-4. Defendants have moved for summary judgment, 21 ECF No. 60, plaintiff has filed an opposition, ECF No. 65, and defendants have filed a reply, ECF 22 No. 66.1 Defendants’ motion should be granted. 23 24 25 26 27 1 Plaintiff has also filed an unauthorized surreply that, out of an abundance of caution, I 28 have considered. ECF No. 67. 1 Legal Standards 2 A. Summary Judgment 3 Summary judgment is appropriate where there is “no genuine dispute as to any material 4 fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ.…