Baraona

I. Introduction

21 Plaintiff Durrell Anthony Puckett (“Plaintiff”) is a state prisoner proceeding pro se and in 22 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 23 Plaintiff’s first amended complaint against: (1) Defendants Baraona, Burnitzki, Leos, Hernandez, 24 and Diaz for excessive force in violation of the Eighth Amendment; (2) Defendant Leos for 25 sexual assault in violation of the Eighth Amendment; and (3) Defendants A. Ruiz, E. Ruiz, Meier, 26 Gutierrez, Allison (Cronister), and Price for failure to protect in violation of the Eighth 27 Amendment. (ECF No. 104.) 28 Currently before the Court is Plaintiff’s motion for summary judgment. (ECF No. 71.) Defendants, with the exception of Defendant Price, filed an opposition to the motion for summary judgment on June 20, 2023. (ECF No. 72.) Plaintiff filed a reply on June 29, 2023. (ECF No. 73.) Defendant Price, who did not appear in this action until May 23, 2024, was granted an opportunity to file an opposition or join in the opposition filed by remaining Defendants. (ECF No. 91.) Defendant Price did not file a response to Plaintiff’s motion…