Spearman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL SALDANA, No. 2:18-cv-0319 AC P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

SPEARMAN, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendant’s motion for summary judgment. ECF No. 56. I. Procedural History Upon screening of the complaint, the undersigned found that plaintiff had stated a viable claim under the Eighth Amendment against defendant Passwaters, but that he had failed to state a claim against defendant Spearman. ECF No. 10. Plaintiff was given the option to either proceed on the complaint as screened or amend the complaint. Id. at 7. He opted to proceed without amending the complaint, and voluntarily dismissed his claims against Spearman. ECF No. 13. Following the close of discovery, defendant then filed a motion for summary judgment, ECF No. 56, which…