(PC) Carr v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

CLAUDE CARR, ) Case No. 1:17-cv-01769-DAD-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS v. ) RECOMMENDING PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT BE DENIED, WITHOUT

TED PRUITT, ) PREJUDICE, PURSUANT TO RULE 56(D) ) Defendant. ) (ECF Nos. 56, 58) ) )

Plaintiff Claude Carr is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion for summary judgment, filed on April 17, 2020. I. RELEVANT BACKGROUND This action is proceeding on a claim against Ted Pruitt (“Defendant”) for deliberate indifference in violation of the Eighth Amendment. (ECF Nos. 14, 15.) More specifically, Plaintiff alleges that on June 21, 2016, while he was performing his job as a waste manager in the Prison Industry Authority…