Champion

MEMORANDUM AND ORDER

PROCEEDINGS

Plaintiff, a state prisoner proceeding pro se, filed this civil rights action on November 28, 2007, against the Director of the California Department of Rehabilitation and Corrections, the Warden at the California Men’s Colony, and a prison dentist. On December 12, 2007, the Court issued an Order dismissing the Complaint with leave to amend. On January 8, 2008, Plaintiff filed an unverified First Amended Complaint against California Men’s Colony dentist Dr. Murphy, sued in his individual capacity only. Plaintiff alleges that Defendant Murphy provided Plaintiff inadequate dental care in violation of the Eighth Amendment, retaliated against Plaintiff for filing grievances, and subjected Plaintiff to race discrimination in violation of the Equal Protection Clause. Plaintiff appended to the First Amended Complaint a request for appointment of counsel.

On August 29, 2008, Defendant filed a Motion for Summary Judgment. Plaintiff filed an Opposition to the Motion on October 27, 2008. In the August 29, 2008 Motion for Summary Judgment, Defendant contended that the undisputed facts showed Defendant was entitled to judgment as a matter of law on all of…