(PC) Zaiza v. Clark

I. BACKGROUND

18 Jose Roberto Zaiza (“Plaintiff”) is a state prisoner proceeding pro se and in forma 19 pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the 20 Complaint commencing this action on October 17, 2019. (ECF No. 1.) This case now proceeds 21 with the First Amended Complaint against Defendants Ken Clark (Warden) and Captain J. Gallagher1 (collectively, “Defendants”) for insufficient access to out-of-cell exercise in violation of the Eighth Amendment. (ECF No. 11.) 24 1 Sued as Gallager.

2 On April 20, 2021, the court issued an order dismissing all claims and defendants from this case except for Plaintiff’s adverse conditions of confinement claims against defendants Clark, 27 Gallagher, and Baughman, for Plaintiff’s failure to state a claim. (ECF No. 15.) On January 27, 2022, the Court granted in part Defendants’ motion to dismiss, dismissing Defendant Baughman from this case. (ECF No. 21.) On March 21, 2022, Plaintiff filed a motion for preliminary injunctive relief. (ECF No. 32.) On May 2, 2022, Defendants filed an opposition to the motion. (ECF No. 38.) The…