Holland

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOAQUIN MURILLO, No. 1:15-cv-0266 KJM DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

KIM HOLLAND, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with an action under 42 U.S.C. §1983. Plaintiff contends that use of the Guard One security check system at the California Correctional Institution (“CCI”) caused him sleep deprivation in violation of the Eighth Amendment. Before the court is defendants Holland and Gutierrez’s motion to dismiss. For the reasons set forth below, this court will: (1) vacate its March 8, 2019 findings and recommendations with respect to the recommendation that summary judgment be denied as to defendants Holland and Gutierrez and retain the findings and recommendation that summary judgment be granted as to defendant Ybarra; (2) vacate the July 5, 2023 order requiring additional briefing; and (3) recommend defendants’ motion to dismiss be denied without prejudice…