(PC) Perez v. Smith

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SANDRO S. PEREZ, Case No. 1:20-cv-00840-ADA-SAB (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING

v. DEFENDANTS’ MOTION FOR SUMMARY

JUDGMENT, AND DISMISSING DOE

A. SMITH, et al., DEFENDANT

Defendants. (ECF Nos. 68, 80)

15 16 Plaintiff Sandro S. Perez (“Plaintiff”) is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 4, 2022, the assigned United States Magistrate Judge issued findings and recommendations, recommending Defendants’ motion for summary judgment be denied because disputed facts exist as to whether Defendants were deliberately indifferent to Plaintiff’s safety. (ECF No. 80.) The Magistrate Judge also recommended that Doe Defendant be dismissed from the action pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.…