Tappen

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN WILBANKS, No. 2:21-cv-0026 KJM CSK P Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS

T. TAPPAN, (ECF No. 58)

15 Defendant.

17 I. INTRODUCTION Plaintiff Jonathan Wilbanks is a state prisoner proceeding pro se. Defendant T. Tappan’s fully briefed motion for summary judgment is before the Court. (ECF Nos. 58, 59, 62-65.) As discussed below, defendant’s motion should be granted. II. SECOND AMENDED COMPLAINT In his verified Second Amended Complaint (“SAC”), plaintiff alleges that on July 3, 2018, at California State Prison, Sacramento (“CSP-SAC”), defendant T. Tappan,1 a correctional officer who worked the observation tower of C yard, shot plaintiff three times with mini-14 rounds, all with direct hits. (ECF No. 16 at 3.) Plaintiff alleges that the first shot was to his left 27 Though plaintiff identifies the defendant as “T. Tappen,” the correct spelling of defendant’s last name is “Tappan.” (ECF No. 48 at 7…