(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 AND FINDINGS AND

RECOMMENDATIONS

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 defendant’s fully briefed motion to dismiss and plaintiff’s request to file a surreply. For the reasons set forth below the court will deny plaintiff’s motion to file a surreply and recommend that the motion to dismiss be granted. BACKGROUND I. Relevant Procedural History Plaintiff initiated this action by filing the original complaint on September 20, 2017. (ECF No. 1.) The court screened and dismissed the original complaint for failure to state a claim. (ECF…