Lassiter

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GENE EVANS, Case No. 2:16-cv-01997-DAD-JDP (PC) Plaintiff, ORDER AND FINDINGS AND

RECOMMENDATIONS

v. ECF Nos. 84 & 88 K. LASSITER, et al.,

OBJECTIONS DUE WITHIN FOURTEEN

Defendants. DAYS 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff alleges that defendant correctional officers Montemayor, Wong, and Lassiter violated his Eighth Amendment rights by verbally harassing and threatening him. Defendants move for summary judgment on the grounds that plaintiff failed to exhaust his administrative remedies, his claim fails on the merits, and defendants are entitled to qualified immunity. ECF No. 84. Plaintiff opposes the motion and requests appointment of counsel. ECF No. 88. For the reasons set forth below, I will deny plaintiff’s motion for counsel and will recommend that defendants’ motion for summary judgment be granted on the ground…