Montoya

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JAMES BOWELL, 1:17-cv-00605-LJO-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

vs. MOTION TO SET ASIDE COURT’S

ORDER BE GRANTED, AND

F. MONTOYA, et al., PLAINTIFF’S MOTION FOR

RECONSIDERATION OF COURT’S

Defendants. ORDER BE DENIED AS MOOT (ECF Nos. 48, 49.)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

19 I. BACKGROUND James Bowell (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint filed on May 3, 2018, against Defendants Montoya and Carter for violation of due process under the Fourteenth Amendment, and against Defendants Killmer and Lopez for conspiracy to place Plaintiff at risk of serious harm and for failure to protect Plaintiff under the Eighth Amendment. (ECF No. 16.)1 27 …