Aldridge

(PC) Richard v. Aldridge

Good Law
United States District Court, Eastern District of CaliforniaAugust 4, 20222:19-cv-02006California4,906 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CRAIG RICHARD, No. 2:19-cv-2006 TLN DB P Plaintiff, v. FINDINGS & RECOMMENDATIONS L. ALDRIDGE, Warden, Defendant.

17 Plaintiff Craig Richard, a state prisoner, proceeds pro se with a civil rights action under 42 U.S.C. § 1983. Defendant is Warden L. Eldridge, sued as L. Aldridge. The parties have filed cross-motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. (ECF Nos. 72, 73.). For the reasons that follow, the undersigned recommends that defendant’s motion for summary judgment be granted and plaintiff’s motion for summary judgment be denied. Although plaintiff exhausted administrative remedies on the Eighth Amendment claim, there is no triable issue of fact as to whether defendant was deliberately indifferent. I. BACKGROUND Plaintiff filed the second amended complaint on October 5, 2020. (ECF No. 22.) Therein, he alleged he had a serious rash near his groin and became unable…

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