(PS) Cleveland v. Janssen Pharmaceuticals

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOMINGO L. CLEVELAND, SR., No. 2:16-cv-02308 MCE AC PS Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JANSSEN PHARMACEUTICALS, Defendant. 16 Plaintiff is a prisoner proceeding in this action pro se, and the case was accordingly referred to the undersigned by Local Rule 302(c)(21). This matter is before the court on a motion for summary judgment brought by defendant Janssen Pharmaceuticals. ECF No. 93. Plaintiff has opposed the motion (ECF No. 107) and defendant has filed a reply (ECF No. 108). Plaintiff has filed a motion to file a sur-reply (ECF No. 109) which defendant opposes (ECF No. 110). The undersigned will GRANT plaintiff’s motion to file a sur-reply. For the reasons stated below, it is recommended that defendant’s motion for summary judgment be GRANTED. This case was filed on September 27, 2016, ECF No. 1, and proceeds on the Second Amended Complaint (“SAC”), ECF No. 12. Plaintiff alleges that he…