Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LUCIEN GARCIA, No. 2:22-cv-1051 DC CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS KATHLEEN ALLISON, 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. This action proceeds on a claim for use of excessive force in violation of the Eighth Amendment against defendant Kurgan. Specifically, plaintiff alleges that Kurgan dragged plaintiff by his injured right ankle. Defendant Kurgan moves for summary judgment arguing that plaintiff did not exhaust available administrative remedies prior to filing suit. Good cause appearing, the court recommends that the motion be granted. I. Standards Summary judgment is appropriate when it is demonstrated that there “is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A party asserting that a fact cannot be…