Emerson

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 JERRY DILLINGHAM, Case No. 1:18-cv-00507-AWI-SAB (PC)

11 Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DEFENDANTS’ MOTION

12 v. FOR SUMMARY JUDGMENT AND

DISMISSAL OF DOE DEFENDANT

13 N. EMERSON, et al., (ECF No. 128) 14 Defendants.

15 16 Plaintiff Jerry Dillingham is proceeding pro se and in forma pauperis in this civil rights 17 action filed pursuant to 42 U.S.C. § 1983. 18 Currently before the Court is Defendants’ motion for summary judgment, filed June 28, 19 2022. 20 I. 21 RELEVANT BACKGROUND 22 This action is proceeding on Plaintiff’s second amended complaint against Defendants 23 Emerson, Wilson, Wescoat, Velasco, Loftin, Martinez, Marsh and Doe 1 for conditions of 24 confinement in violation of the Eighth Amendment, and against Defendant Wescoat for 25 retaliation in violation of the First Amendment. (ECF No. 50.) 26 On March 24, 2020, Defendants filed an answer to the complaint on March 24, 2020. 27 (ECF No. 68.) ///…