Lizarraga
(PC) Abalos v. Lizarraga
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JESUS ABALOS, No. 2:20-cv-1699 JAM KJN P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
JOE LIZARRAGA, et al.,
Defendants. 16 Plaintiff appears pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This action proceeds on plaintiff’s Eighth Amendment claims against defendant Officer C. Parham. Defendant’s fully-briefed motion for summary judgment is before the court. In his opposition, plaintiff also seeks appointment of counsel and further discovery. (ECF No. 34 at 5, citing Fed. R. Civ. P. 56(d).) As discussed below, the undersigned recommends that defendant’s motion be granted, and denies plaintiff’s motion for appointment of counsel and motion for relief under Rule 56(d). //// ////