Allison

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL LUCIEN GARCIA, No. 2:22-cv-1051 DC CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 KATHLEEN ALLISON, et al., 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil 18 rights under 42 U.S.C. § 1983. This action proceeds on a claim for use of excessive force in 19 violation of the Eighth Amendment against defendant Kurgan. Specifically, plaintiff alleges that 20 Kurgan dragged plaintiff by his injured right ankle. Defendant Kurgan moves for summary 21 judgment arguing that plaintiff did not exhaust available administrative remedies prior to filing 22 suit. Good cause appearing, the court recommends that the motion be granted. 23 I. Standards 24 Summary judgment is appropriate when it is demonstrated that there “is no genuine 25 dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. 26 Civ. P. 56(a). A party asserting that a fact cannot be…