Soltanian

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MANFRED SHOCKNER, No. 2: 18-cv-1948 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DR. SOLTANIAN, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court are motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by defendant Soltanian-Zadeh1 (ECF No. 79) and defendants Vaughn and Smith (ECF No. 80). Also pending is plaintiff’s motion for summary judgment. (ECF No. 87.) For the reasons stated herein, the undersigned recommends that defendants’ motions to dismiss and plaintiff’s summary judgment motion be denied. The undersigned also herein denies plaintiff’s motion for subpoenas (ECF No. 78) and grants defendant Soltanian-Zadeh’s motion to 26 Plaintiff refers to defendant Soltanian-Zadeh as defendant Soltanian. However, defendant’s motion…