Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE A. GIPBSIN, No. 2:12-cv-0556 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SCOTT KERNAN, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action under 42 U.S.C. § 1983. Plaintiff alleges defendants violated his rights under the Eighth Amendment because they failed to transfer him to a mental health facility pursuant to an order of Lassen County Superior Court. Before the court is defendants’ motion for summary judgment (ECF Nos. 263), plaintiff’s opposition (ECF No. 266), and defendants’ reply (ECF No. 269). For the reasons set forth below, the court grant defendants’ motion for summary judgment. BACKGROUND I. Procedural Background This matter proceeds on plaintiff’s third amended complaint. (ECF No. 164.) Plaintiff was given the opportunity to amend his complaint after defendants successfully brought…