(PC)Elliott

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ELLIOTT, No. 2:22-CV-1323-KJM-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 M. CAMPOSE, 15 Defendant. 16 17 Plaintiff Christopher Elliott, a prisoner proceeding pro se, brings this civil rights 18 action pursuant to 42 U.S.C. § 1983. Pending before the court is Defendant’s motion to dismiss 19 arguing: (1) Plaintiff fails to state facts sufficient to sustain his Eighth Amendment claim; and (2) 20 Defendant Campos is entitled to qualified immunity. ECF No. 27. Plaintiff filed an opposition, 21 Defendant filed a reply, and Plaintiff filed a response to the reply. ECF Nos. 29, 32, 33. 22 As explained below, because Plaintiff does not allege that Defendant knew that 23 Defendant’s actions would lead to substantial risk of serious harm, the complaint is insufficient.1 24 / / / 25 / / / 26 / / / 27 1 Because the Court finds that Plaintiff fails to state a claim, the Court does not address Defendant’s 28 qualified immunity…