(PC) Poindexter v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE POINDEXTER, No. 2:21-cv-0760 TLN AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LYNCH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion for summary judgment. ECF No. 48. For the reasons discussed below, defendants’ motion should be granted in part and denied in part. I. Plaintiff’s Allegations Plaintiff’s complaint alleges that on September 20, 2020, defendants Assaad, Elizarraras, Moreno, Navarro, and Nguyen used excessive force against him during a cell extraction, in violation of the Eighth Amendment, when they beat him with their batons, fists, boots and the like as he lay face down on the ground. ECF No. 1, Verified Complaint (“Compl.”) ¶¶ 8-10, 13-14, 16, 19, 21-22. Plaintiff further alleges that defendant Nguyen, who was present in the cell, failed to…