Montejo

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 SHAWN DAMON BARTH, No. 2:19-cv-1874 WBS DB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

13 EUSEBIO MONTEJO, 14 Defendant. 15 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 17 U.S.C. § 1983. Plaintiff claims that defendant was deliberately indifferent to his medical needs, 18 retaliated against him, and discriminated against him. Presently before the court is defendant’s 19 fully briefed motion for summary judgment and plaintiff’s motion for discovery. For the reasons 20 set forth below, the undersigned will deny plaintiff’s motion for discovery and recommend that 21 the motion for summary judgment be granted. 22 BACKGROUND 23 I. Relevant Procedural History 24 This action commenced on September 18, 2019,1 when plaintiff filed the original 25 complaint. (ECF No. 1.) The undersigned screened and dismissed the original and first amended 26 1 Under the prison…