Ponder

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOMINIQUE MERRIMAN, No. 2:19-cv-1446 WBS CKD P Plaintiff, v. ORDER AND J. PONDER, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. The claim which remains arises under the Eighth Amendment against defendants Kentner, Joslin, Jacques and Ponder (defendants), all employees at Mule Creek State Prison where plaintiff was housed at the time of the events alleged. ECF No. 18. Defendants have filed a motion to dismiss in which they argue that the allegations in plaintiff’s complaint do not amount to a claim upon which plaintiff can proceed under the Eighth Amendment and that they are immune from plaintiff’s claim under the “qualified immunity” doctrine. Plaintiff has filed a sur-reply with respect to the motion to dismiss. ECF No. 27. Because the local rules of this court generally do not…