Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE EDWARD PEYTON, No. 2:21-cv-0719 JAM KJN P Plaintiff, v. ORDER BRIAN KIBLER, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel. Plaintiff’s motion for case- dispositive sanctions is before the court. As discussed below, plaintiff’s motion is denied without prejudice. Plaintiff’s Complaint Plaintiff alleges that despite his verbal complaints to correctional officers and other prison staff, as well as multiple grievances alerting defendants to such health and safety violations, numerous correctional officers at High Desert State Prison (“HDSP”) continued to serve meals without wearing masks over their noses. Plaintiff has contracted COVID-19 twice and was fearful he would contract it again. Plaintiff names Chief Deputy Warden Pickett, Associate Warden Peery, Officer Panna and Warden Kibler as defendants. Plaintiff seeks money damages and injunctive relief, including an order…