Ly

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD GOSZTYLA, No. 2:21-cv-1717 CKD P Plaintiff, v. ORDER AND B. LY, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. On October 24, 2022, the court screened plaintiff’s second amended complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed on claims for damages based upon denial of adequate dental care arising under the Eighth Amendment against defendants Ly, Archibald, and Berry. Defendant Berry’s motion for summary judgment (ECF No. 56) is before the court. I. Summary Judgment Standard Summary judgment is appropriate when it is demonstrated that there “is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A party asserting that a…