Massey

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JASON MCCOY, No. 2:18-cv-02180 WBS AC 11 Plaintiff, 12 v. ORDER AND 13 SKY MASSEY, et al., FINDINGS AND RECOMMENDATIONS 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to 17 42 U.S.C. § 1983. Defendants have filed a motion for summary judgment. ECF No. 74. Plaintiff 18 has filed an opposition, ECF No. 76, and defendants have filed a reply. ECF No. 79. For the 19 reasons that follow, the undersigned recommends that the motion for summary judgment be 20 granted. 21 I. Allegations of the Amended Complaint 22 The events at issue in the operative third amended complaint occurred while plaintiff was 23 an inmate at Mule Creek State Prison. ECF No. 23. On March 17, 2018, plaintiff was assaulted 24 by another inmate and informed defendant Massey, who was a nurse, that he believed his jaw had 25 been broken in the same area of a prior fracture and that he needed to see a…