Moss

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL WYNN, No. 2:21-CV-1317-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS B. MOSS, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On August 25, 2021, the Court issued an order addressing the sufficiency of Plaintiff’s complaint. See ECF No. 10. The Court summarized Plaintiff’s allegations as follows:

Plaintiff names the following as defendants: (1) B. Moss, a Correctional Officer at high Desert State Prison (HDSP); (2) L. Mundy, a Correctional Officer at HDSP; and (3) J. Pickett, the Chief Deputy Warden at HDSP. See ECF No. 1, pg. 3. In his first claim, Plaintiff states that, on February 21, 2021, he saw Defendant Moss removed his face mask and “spit a glob of chewing tobacco spit into a garbage can filled with I/M [inmate] lunches.” Id. According to…