Montejo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOVIE DEWDROP LEEN, Case No. 2:20-cv-02231-DAD-JDP (PC) Plaintiff, v. FINDINGS AND RECOMMENDATION CUEVA, et al., Defendants. 16 Plaintiff Dovie Dewdrop Leen is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He alleges an Eighth Amendment sexual assault claim and a First Amendment retaliation claim against defendant Montejo, a physician at the California Medical Facility. ECF No. 15. Defendant moves for summary judgment, arguing that plaintiff’s evidence is insufficient to create a genuine dispute of material fact for either claim. ECF No. 42. I recommend that defendant’s motion be granted in part. Background In his first amended complaint, plaintiff alleges that defendant—his primary care provider (“PCP”)—“sexually touched [his] privates” during a physical examination in March 2020. ECF No. 15 at 7. He further alleges that,…