(PC) Flowers v. County of Fresno

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL DE’ANDRAE FLOWERS, Case No. 1:19-cv-01027-JLT-CDB (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v.

TO GRANT DEFENDANT’S MOTION

FOR SUMMARY JUDGMENT

TOON,

14 (Doc. 47) Defendant. 15 FOURTEEN (14) DAY DEADLINE 17 Plaintiff Michael De’Andrae Flowers is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. Defendant Zachary Toon filed a motion for summary judgment (“MSJ”). (Doc. 83.) Plaintiff has not filed a response in opposition to the motion. Therefore, the Court deems the MSJ as unopposed. For the following reasons, the Court recommends granting summary judgment in Defendant’s favor. I. PROCEDURAL HISTORY This matter proceeds on Plaintiff’s first amended complaint (“FAC”) on a single claim of Eighth Amendment medical indifference against Defendant Toon, a Correctional Officer (“CO”) employed by the Fresno County Sheriff’s Department. (Docs. 14, 22.) On January…