Younger

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDERSON P. THURSTON, No. 2:18-cv-0527 CKD P Plaintiff, v. ORDER AND R. YOUNGER, FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. §1983. Plaintiff seeks damages. This action is proceeding on a claim arising under the Eighth Amendment. Defendant’s motion for summary judgment (ECF No. 39) is before the court. For the following reasons the court recommends that the defendant’s motion be denied. 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 materials in the record, including depositions, documents, 27 …