Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN BENNETT, No. 2:21-cv-1340 WBS KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS BURTON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. Plaintiff’s motion for preliminary injunction and temporary restraining order is before the court. It is recommended that the motion be denied. I. Background This action proceeds on plaintiff’s amended complaint against defendants U. Garcia and F. Moreno. (ECF No. 43.) Plaintiff alleges that on December 19, 2020, defendants violated plaintiff’s Eighth Amendment rights by housing him in an open dorm with inmates who tested positive for COVID-19, knowing that plaintiff was negative for COVID-19 at that time. Despite notifying such defendants of these circumstances, defendants failed to intervene to remedy the situation. As a result, plaintiff contracted COVID19 and now suffers from “Post Acute COVID…