Sadighi

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA BLOCKER, No. 2:18-cv-0253 WBS DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JAMES SADIGHI, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendant failed to protect him in violation of his Eighth Amendment rights. Presently before the court is defendant Price’s fully briefed motion for summary judgment (ECF No. 46), defendant’s motion to strike plaintiff’s sur reply (ECF No. 53), and plaintiff’s motion to set aside defendant’s motion to strike (ECF No. 54). For the reasons set forth below, the court will deny the motion to strike, grant the motion to set aside, and recommend that the motion for summary judgment be denied. //// //// //// //// //// BACKGROUND I. Procedural History Plaintiff initiated this action by filing the complaint on January…