Ware

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL ANTHONY THOMAS, No. 2:22-cv-00177-TLN- EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS WARE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. ECF No. 1. On screening pursuant to 28 U.S.C. § 1915A(a), the court determined that plaintiff’s complaint alleged a potentially cognizable Eighth Amendment claim against defendants Sergeant Ware and Correctional Officer Avila for using excessive force in removing plaintiff from his cell. ECF No. 6. Defendants now move to dismiss the complaint under Rules 16(f)(1)(C), 37(b)(2)(A)(v), and 41(b) of the Federal Rules of Civil Procedure for failure to participate in the discovery process and failure to comply with the court’s orders compelling plaintiff to respond to discovery requests. ECF No. 52. I. Background Defendants admit extracting plaintiff from his cell on or about July 18, 2021, ECF…