Mundy

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN MARTINEZ, No. 2:21-CV-1872-DAD-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS L. MUNDY, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint. ECF No. 15. The Court previously issued an order addressing the sufficiency of Plaintiff’s original complaint. See ECF No. 10. The Court summarized Plaintiff’s allegations as follows:

Plaintiff brings claims against the following defendants: (1) L. Mundy, a correctional officer at High Desert State Prison (HDSP); (2) B. Moss, a correctional officer at HDSP; (3) J. Pickett, chief deputy warden at HDSP; and (4) B. Kibler, warden at HDSP. See ECF No. 1, at 1. Plaintiff asserts violations of his Eighth and Fourteenth Amendment rights. See id. at 3. Plaintiff claims that, on February…