Constable

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 REALIOUS CYPRIAN, No. 2:19-cv-0689 DJC AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS T. CONSTABLE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Defendants have moved for summary judgment on two claims. ECF No. 66. Plaintiff filed an untimely opposition to the motion, ECF No. 84, which the court will consider in the interests of justice. Defendants filed a reply. ECF No. 85. For the reasons that follow, the undersigned recommends that the motion for summary judgment be granted. I. BACKGROUND The pro se complaint was found on screening to present three claims for relief. First, plaintiff alleged that defendants Constable and Thomas failed to protect him from assault by another inmate in violation of his Eighth Amendment rights. Second, he claimed that defendant Amador denied him procedural due process at a disciplinary…