(PC) Jackson v. Soltanian Zadeh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHNELL JACKSON, No. 2:18-cv-1132 MCE CKD P Plaintiff, v. ORDER AND JALAL SOLTANIAN ZADEH, FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. §1983. On October 4, 2018, the court screened plaintiff’s complaint, as the court is required to do under 28 U.S.C. § 1915A(a), and found that plaintiff may proceed on the claim identified as claim 1 which arises under the Eighth Amendment. Plaintiff seeks damages. Defendant’s motion for summary judgment is now before the court. The court notes that plaintiff filed a sur-reply regarding the motion (ECF No. 33) without seeking leave to do so. 24 On January 4, 2019, the district court judge assigned to this case dismissed the claim identified 25 as “claim 2” in plaintiff’s complaint.

26 In his motion, defendant asserts he is entitled to summary judgment with…