(PC) Surrell v. CDCR Secretary of Operations

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALVON SURRELL, SR., No. 2:20-cv-00368-TLN-CKD P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 CDCR Secretary of Operations, et al., 15 Defendants. 16 17 I. Introduction 18 Plaintiff Alvon Surrell, Sr., a state prisoner appearing pro se and in forma pauperis, filed a 19 civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) In his complaint, Surrell argues 20 that the conditions of his confinement at Deuel Vocational Institute constituted cruel and unusual 21 punishment under the Eighth Amendment and that defendant Robert Burton retaliated against him 22 for filing a grievance about these inhumane conditions in violation of the First Amendment. (Id.) 23 Pending before this Court are defendant’s motion for summary judgment (ECF No. 111), 24 plaintiff’s motion for summary judgment (ECF No. 120), and plaintiff’s motion for a temporary 25 restraining order and a preliminary injunction. (ECF No. 121). For the reasons stated below, this 26 Court…