Mendoza
(PC) Rodriguez v. Mendoza
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERLINDO RODRIGUEZ, JR., Case No. 1:21-cv-00410-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
GRANTING DEFENDANTS’ MOTION FOR
v. SUMMARY JUDGMENT MENDOZA, et al., (ECF No. 44) Defendants. FOURTEEN (14) DAY DEADLINE 16 I. Introduction Plaintiff Erlindo Rodriguez, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Mendoza for failure to protect and excessive force in violation of the Eighth Amendment and against Defendant Campbell1 for excessive force in violation of the Eighth Amendment. Currently before the Court is a motion for summary judgment filed by Defendants Mendoza and Campbell (“Defendants”) on the grounds that: (1) there is no genuine dispute of material fact on the merits of Plaintiff’s Eighth Amendment failure to protect claim against Defendant Mendoza, and…