Pena

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES R. STANFORD Case No. 2:18-cv-03007-KJM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION FOR

v. SUMMARY JUDGMENT BE GRANTED IN

PART AND DENIED IN PART

A. PENA, et al., ECF No. 51 Defendants. 16 Plaintiff, a state prisoner proceeding without counsel, was attacked by another inmate, Daniel Chan. He alleges that correctional officers McQuade, Pena, and Lewis violated his Eighth Amendment rights by failing to prevent the attack. Defendants move for summary judgment, arguing that they had no knowledge that Chan posed a threat to plaintiff. Defendants also claim qualified immunity. I recommend denying defendants’ motion for summary judgment in part, since plaintiff has produced evidence that McQuade was aware that Chan posed a particular danger to him. I recommend granting summary judgment for Pena and Lewis, since plaintiff has not produced evidence that either knew of the threat Chan…