Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WAYNE JEROME ROBERTSON, Case No. 1:17-cv-01022-KES-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

DENYING DEFENDANT GARCIA’S

v. MOTION FOR SUMMARY JUDGMENT GARCIA, et al., (ECF No. 72) Defendants. FOURTEEN (14) DAY DEADLINE 16 I. Introduction Plaintiff Wayne Jerome Robertson (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendant Garcia (“Defendant”) for excessive force in violation of the Eighth Amendment for spraying Plaintiff with OC spray on January 24, 2017. (ECF No. 57.) Currently before the Court is Defendant’s motion for summary judgment on the grounds that the undisputed material facts show that Plaintiff’s claim does not satisfy the requirements for § 1983 claims. (ECF No. 72.) Plaintiff filed an opposition to the motion for summary judgment on June 6,…