Hernandez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DEMARREA McCOY-GORDON, No. 2:19-cv-1586 JAM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS HERNANDEZ, Defendant. 16 I. Introduction Plaintiff is a state prisoner, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and is proceeding in forma pauperis. On February 11, 2020, defendant filed a motion for summary judgment, which is fully briefed. As discussed below, the motion should be denied. II. Plaintiff’s Allegations In the verified amended complaint, plaintiff alleges that defendant Hernandez refused to re-locate plaintiff from cell 215, which had water covering more than half the cell and reeked of a “strong smell of black mold,” despite many other cells being available. (ECF No. 13 at 2.) As a result of defendant’s refusal to re-house plaintiff, plaintiff was forced to balance himself over the toilet and squat to relieve himself in order to avoid slipping or getting his feet soaked, and…