Montoya
(PC) Bowell v. Montoya
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAMES BOWELL, 1:17-cv-00605-NONE-GSA-PC
Plaintiff, FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT PLAINTIFF’S
vs. MOTION FOR SUMMARY JUDGMENT
BE DENIED
F. MONTOYA, et al., (ECF No. 81.)
Defendants. OBJECTIONS, IF ANY, DUE WITHIN F OURTEEN (14) DAYS
17 I. BACKGROUND James Bowell (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint, filed on May 3, 2018, against defendants Montoya and Carter for violation of due process under the Fourteenth Amendment, and against defendants Killmer and Lopez for conspiracy to place Plaintiff at risk of serious harm and failure to protect Plaintiff under the Eighth Amendment. (ECF No. 16.)1 On August 24, 2020, Plaintiff filed a motion for summary judgment. (ECF No. 81.) On 26 …