Kernan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW M. DENNIS, No. 2:16-cv-0542 DAD AC P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

SCOTT KERNAN, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court are the parties’ cross-motions for summary judgment. ECF Nos. 149, 211. I. Procedural History The procedural history of this case is long and complex and will be recited only as relevant to the pending motions. The case proceeds on the third amended complaint. ECF No. 45. On screening, the court found that plaintiff had stated cognizable Eighth Amendment claims against defendants Mays and Phui and ordered service of the complaint. ECF No. 51 at 9-10, 17-19. Service was also found to be appropriate on then California Department of Corrections and Rehabilitation (CDCR) Secretary Diaz in his official capacity only for purposes of…