Applewhite v. Bivens

MEMORANDUM OPINION

Granting the Defendants’ Motion for Summary Judgment; Denying Without Prejudice the Defendants’ Motion to Dismiss as Moot

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

This matter is before the court on the defendants’ motion to dismiss or, in the alternative, for summary judgment. The pro se plaintiff, an incarcerated inmate, commenced this action under 42 U.S.C. § 1983, alleging that prison officials ignored his warnings that another inmate had threatened to harm him. The defendants argue, inter alia, that they are entitled to summary judgment because the plaintiff…