Hutchinson

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TOY TERRELL SMITH, Case No. 1:16-cv-01924-LJO-JDP

Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT COURT GRANT DEFENDANTS’

v. MOTION FOR SUMMARY JUDGMENT

J. TORRES, et al., OBJECTIONS DUE IN 14 DAYS

Defendants. ECF No. 69 14 Plaintiff Toy Terrell Smith is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. Terrell alleges that defendants J. Torres and M. Hoggard, both correctional counselors at California State Prison Corcoran, were deliberately indifferent to his safety and so violated the Eighth Amendment by recommending that he be returned to Kern Valley State Prison. See ECF No. 10 at 13. On February 15, 2019, Torres and Hoggard moved for summary judgment under Federal Rule of Civil Procedure 56, arguing that the move was not objectively dangerous, that the defendants were not subjectively indifferent to any danger, that Smith cannot establish causation, and that defendants Torres…