Vue

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN CRISTOBAL CALDERON, No. 2:22-cv-0124 DAD CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS C. VUE, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se. The claim which remains arises under the Eighth Amendment and concerns the alleged use of excessive force by C. Vue, a Correctional Officer at Mule Creek State Prison. Defendant Vue’s motion for summary judgment is before the court. I. Plaintiff’s Allegations In his complaint, which is signed under the penalty of perjury, plaintiff alleges that on March 25, 2018, at about 2:20 a.m., defendant entered plaintiff’s cell while plaintiff was sleeping. Defendant raped plaintiff, hit plaintiff’s face and upper body with his fists, and stabbed plaintiff with a pen many times on his neck and body. II. Legal Standards Summary judgment is appropriate when it is demonstrated that there “is no genuine dispute as to any material fact and the…