(PC)Elliott

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER ELLIOTT, No. 2:22-CV-1323-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. CAMPOSE, Defendant. 16 Plaintiff Christopher Elliott, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is Defendant’s motion to dismiss arguing: (1) Plaintiff fails to state facts sufficient to sustain his Eighth Amendment claim; and (2) Defendant Campos is entitled to qualified immunity. ECF No. 27. Plaintiff filed an opposition, Defendant filed a reply, and Plaintiff filed a response to the reply. ECF Nos. 29, 32, 33. As explained below, because Plaintiff does not allege that Defendant knew that Defendant’s actions would lead to substantial risk of serious harm, the complaint is insufficient.1 / / / / / / / / / 27 Because the Court finds that Plaintiff fails to state a claim, the Court does not address Defendant’s qualified immunity…