Giddings

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOM MARK FRANKS, No. 2:17-cv-1056 KJM CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. CLARK KELSO, et al., Defendants. 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 18, 2017, 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 two claims arising under the Eighth Amendment against defendant Giddings (defendant).1 Defendant’s motion for summary judgment, renewed on May 23, 2019, is before the court. I. Summary Judgment Standard Summary judgment is appropriate when it is demonstrated that there “is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A party asserting that a fact cannot be disputed must support the assertion by “citing to particular parts of…