Beard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JULIA BOGLE, Administrator of the No. 2:15-cv-01375-TLN-CKD P Estate of Carlos Kinkeade, 12 Plaintiff, FINDINGS AND RECOMMENDATIONS v.

JEFFERY BEARD,

15 Defendants. 16 Plaintiff, the Administrator of the Estate of Carlos Kinkeade, a former California state prisoner, is proceeding through counsel in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action proceeds on the pro se complaint filed June 29, 2015 which alleges that defendant A. Oddie used excessive force in violation of the Eighth Amendment while Mr. Kinkeade was hospitalized at San Joaquin Community Hospital and Bakersfield Memorial Hospital. See ECF No. 7 (screening order). Currently pending before the court is defendant’s motion for summary judgment. ECF No. 130. Following full briefing on the motion, the court heard oral arguments on January 30, 2019. For the reasons that follow, the undersigned recommends granting defendant’s motion for summary judgment. I. Summary Judgment…