Roberts

BACKGROUND

22 On May 8, 2015, Plaintiff Tony Roberts, a state prisoner proceeding pro se, initiated 23 this action by filing a Complaint pursuant to 42 U.S.C. § 1983 against Defendants A. 24 Buenrostro, R. Davis, C. Meza, A. Parker, R, Santiago, K. Seibel, and R. Solis for violation 25 of his First and Eighth Amendment rights. (ECF No. 1). 26 27 28 On May 8, 2015, Plaintiff filed a Motion for Leave to Proceed in Forma Pauperis (IFP). (ECF No. 2). On May 26, 2015, the Court granted Plaintiff leave to proceed IFP. (ECF No. 4). On September 16, 2016, the Court dismissed Plaintiff’s Eighth Amendment claims except for the Eighth Amendment claim against Defendant Buenrostro for sexual assault. (ECF No. 46). On September 24, 2018, the Court granted summary judgment against Plaintiff as to his remaining Eighth Amendment claim against Defendant Buenrostro, and as to his First Amendment claim for the allegedly false and retaliatory April 2, 2014 rules violation report. (ECF No. 136). The Court declined to grant summary judgment in favor of Defendants on the grounds of exhaustion. The Court remanded the case to the Magistrate Judge…