Hurd

ORDER ADOPTING REPORT AND RECOMMENDATION GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND TERMINATING CASE [Docket No. 131]

Plaintiff Dale Hurd (“Hurd” or “Plaintiff’), a prisoner at Calipatria State Prison, has filed a pro se Third Amended Complaint (“Complaint”) under 42 U.S.C. § 1988 against prison officials Warden Garcia, Captain W.J. Price, Lieutenant R. Anti, Sergeant Richards, and Correctional Officers Does 1-10. Hurd claims that the conditions of his confinement at Calipatria during a lock down of the facility from December 2001 to March 2002 violated his rights to due process, equal protection and to be free from cruel and unusual punishment under the Eighth and Fourteenth Amendments, that the Defendants failed to protect him from assault by another inmate in violation of the Eighth Amendment, and that he was retaliated against for the exercise of his First Amendment rights. He seeks monetary damages and an injunction preventing any future long-term deprivations of outdoor exercise.

Defendants moved for summary judgment on all of the claims presented in Plaintiffs Complaint. The Honorable United States Magistrate Judge William McCurine Jr. issued a thorough Report…