Ponce

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRYL LEROY STEWART, JR., No. 2:22-cv-00285-CKD P Plaintiff, v. ORDER S. PONCE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. All parties have consented to the jurisdiction of the assigned Magistrate Judge for all further proceedings in this case including trial and the entry of judgment. See ECF No. 29. This case is proceeding on Eighth Amendment failure to protect claims against defendants Ponce and Ibarra. See ECF No. 9 (screening order). Currently pending before the court is defendants’ motion to dismiss plaintiff’s official capacity claims against them. For the reasons explained in further detail below, defendants’ motion to dismiss is granted. I. Motion to Dismiss On October 26, 2022, defendants filed a partial motion to dismiss asserting that the claims for damages against defendants in…