Kibler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE EDWARD PEYTON, No. 2:21-cv-0719 DJC KJN P Plaintiff, v. BRIAN KIBLER, et al., FINDINGS & RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Defendants’ fully briefed motion for summary judgment is before the court. As discussed below, the motion should be granted. I. Plaintiff’s Verified Complaint Plaintiff alleged defendants Brian Kibler, J. Pickett, R. Perry, and A. Pannu failed to protect plaintiff in violation of the Eighth Amendment. Despite plaintiff’s verbal complaints to correctional officers and other prison staff, as well as multiple grievances alerting defendants to such health and safety violations, numerous correctional officers at High Desert State Prison (“HDSP”) continued to serve meals without wearing masks over their noses. Plaintiff contracted COVID-19 twice in 2020, experiencing weakness, pain, difficulty breathing, fever and dizziness, and is…