Norum

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER LIPSEY, Jr., No. 2:18-cv-0362 KJM DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

Dr. NORUM, et al., Defendants. 16 Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges defendants’ use of the Guard One Security System deprived him of sleep in violation of his Eighth Amendment rights and state law. Before the court is defendants’ motion to dismiss, plaintiff’s motion to compel discovery, and defendants’ motion to stay discovery. For the reasons set forth below, this court will recommend defendants’ motion to dismiss be granted in part and denied in part and defendants’ motion to stay discovery be denied. In addition, the court will deny plaintiff’s motion to compel without prejudice. BACKGROUND I. Plaintiff’s Allegations This case is proceeding on plaintiff’s second amended complaint (“SAC”) filed…