Dileo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES MILLNER, ) Case No.: 1:17-cv-00507-SAB (PC) ) Plaintiff, ) ) ORDERED THAT PLAINTIFF’S MOTION FOR v. ) SUMMARY JUDGMENT BE DENIED, AND

DEFENDANTS’ MOTION FOR SUMMARY

DR. DILEO, et al., ) JUDGMENT BE GRANTED ) Defendants. ) (ECF Nos. 72, 79) ) ) ) ) Plaintiff James Millner is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Both parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1). (ECF No. 55.) Currently before the Court is Plaintiff’s motion for summary judgment, filed on June 22, 2020, and Defendants’ motion for summary judgment, filed on July 29, 2020. (ECF No. 79.) I. RELEVANT BACKGROUND This action is proceeding on Plaintiff’s claim against Defendants DiLeo, Ulit, and Spaeth, in their individual…