Gomez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO MERINO, No. 2: 21-cv-0572 JAM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GOMEZ, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s second amended complaint. (ECF No. 75.) Discussion Named as defendants are Warden Lynch and Correctional Officers Navarro and Gomez. (Id. at 1.) All defendants have previously appeared in this action. Plaintiff alleges that his cellmate attacked him on October 23, 2020. (Id. at 4.) In the days leading up to the attack, plaintiff told the correctional officers assigned to his housing unit that his cellmate was physically and verbally abusive and that something serious was about to happen. (Id.) Defendants Navarro and Gomez told plaintiff to just deal with the situation and they were not going to move plaintiff or his…