Ly

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD GOSZTYLA, No. 2:21-cv-1717 DC CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS B. LY, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. On October 24, 2022, the court screened plaintiff’s second amended complaint as the court must do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed on claims based on denial of adequate dental care arising under the Eighth Amendment against defendants Dr. Ly, Dr. Archibald and Dr. Berry for damages. Dr. Berry was dismissed on August 19, 2024. Dr. Ly and Dr. Archibald’s motion for summary judgment is before the court. I. Timeliness of Motion Plaintiff asserts the court should deny the pending motion as untimely. The deadline to file the motion was March 18, 2024 (ECF No. 55) and the motion was filed on that day (ECF No. 58). The motion is timely.…