Martinez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MELVIN RAY BRUMMETT, JR., Case No. 1:21-cv-00086-ADA-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DEFENDANT’S MOTION

v. FOR SUMMARY JUDGMENT LOPEZ, et al., (ECF No. 59) Defendants. FOURTEEN (14) DAY DEADLINE 16 I. Introduction Plaintiff Melvin Ray Brummett, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Martinez (“Defendant”) for retaliation in violation of the First Amendment and deliberate indifference to risk of harm in violation of the Eighth Amendment. Currently before the Court is Defendant’s motion for summary judgment, filed January 12, 2023. (ECF No. 59.) Plaintiff filed his opposition on March 7, 2023, (ECF No. 72), and Defendant filed a reply on March 22, 2023, (ECF No. 73). The motion is fully briefed. Local Rule 230(l). For the reasons…