(PC) Hammler v. Director of CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, No. 2:17-cv-1949 MCE DB P Plaintiff, v. ORDER DIRECTOR OF CDCR, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims prison officials have failed to provide him with safe living conditions in violation of the Eighth Amendment. Presently before the court is plaintiff’s motion for summary judgment (ECF No. 77) and defendant’s opposition (ECF No. 82). On September 16, 2019, plaintiff filed a motion for summary judgment. (ECF No. 77.) He argues the court should grant summary judgment because defendants are following the housing policy he challenges in this case and the only “remaining question is whether the defendant’s continuing in the course is legal.” (Id. at 1.) Defendant filed an opposition arguing that the court should deny the motion because the court has not yet ruled on…