Walker
Walker v. Woodford
Opinion
Opinion
Burns, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; AND ORDER OF DISMISSAL
Plaintiff, a prisoner proceeding pro se, brought this action pursuant to 42 U.S.C. § 1983 for alleged Constitutional violations. Following dismissal of several claims, the sole remaining claim seeks damages for past violations of Plaintiffs Eighth Amendment rights. Plaintiffs second amended complaint (the “SAC”), filed nunc pro tunc to September 24, 2007, is the operative complaint. The essence of Plaintiffs claim is that he was subjected to cruel and unusual punishment because he was exposed to continuous lighting in his cell, resulting in insomnia and related health problems.
After Defendants filed a motion for summary judgment (the “MSJ”), Plaintiff filed a motion pursuant to Fed.R.Civ.P. 56(f) seeking to stay ruling on the MSJ pending further discovery, as well as a motion for additional time to conduct legal research. By a separate order, the Rule 56(f) motion is being denied and the motion for additional time is being granted in part. The MSJ is now fully briefed and ready for disposition.