Guerra

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAIME BELTRAN, No. 2:17-cv-1520 TLN AC P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

ERIC R. BAKER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant to 42 U.S.C. § 1983. I. Procedural History Plaintiff, a pro se litigant at that time, filed a civil rights complaint in which he alleged that he was assaulted by other inmates and defendants failed to prevent the assault and failed to intervene after the assault began. ECF No. 1. The claim for failing to prevent the assault was not sufficiently pled (ECF No. 10), and plaintiff chose to voluntarily dismiss that claim and proceed on the failure to intervene claim only (ECF No. 14). Defendants Tran, Swett, Baker, Cross, and Smith are represented by separate counsel from defendant Guerra, and both sets of defendants have moved for summary judgment on the merits (ECF Nos. 100, 102), which…