(PC)Suarez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAHER CONRAD SUAREZ, No. 2:18-cv-0340 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFFREY BEARD, et al., Defendants. 16 Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that use of the Guard One security check system caused him sleep deprivation in violation of the Eighth Amendment. Before the court are defendants’ motion to dismiss, defendants’ motion to stay these proceedings, and plaintiff’s motion to substitute a party. For the reasons set forth below, this court will recommend: (1) the motion to dismiss be granted in part, denied in part, and stayed in part; (2) the motion to stay be granted; and (3) the motion to substitute a party be denied without prejudice. BACKGROUND I. Plaintiff’s Allegations This case is proceeding on plaintiff’s second amended complaint (“SAC”) filed November 27 …