Brevick

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACK LEE PERRY, No. 2: 21-cv-0065 WBS KJN P 12 Plaintiff, 13 v. ORDER 14 BREVICK, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion to compel. (ECF No. 38.) 19 For the reasons stated herein, defendants are ordered to file further briefing regarding their 20 response to plaintiff’s request for production of documents, no. 6. 21 Plaintiff’s Claims 22 This action proceeds on plaintiff’s original complaint filed January 11, 2021, against 23 defendants Brevick and Moran as to the following claims: 1) on January 16, 2019, defendant 24 Brevick allegedly violated the Eighth Amendment by leaving plaintiff’s cell in such disarray that 25 it caused plaintiff to injure himself; 2) defendant Brevick violated plaintiff’s Eighth Amendment 26 right to adequate medical care by rendering plaintiff’s CPAP machine unusable; and…