Graves

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MONICO J. QUIROGA III, 1:16-cv-00234-DAD-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT PLAINTIFF’S

v. MOTION TO AMEND BE DENIED AND

DEFENDANT’S MOTION FOR

SERGEANT GRAVES, et al., SUMMARY JUDGMENT BE GRANTED (ECF Nos. 62, 72.) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

18 I. PROCEDURAL HISTORY Monico J. Quiroga III (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on February 19, 2016. (ECF No. 1.) This case now proceeds with Plaintiff’s Fourth Amended Complaint filed on September 6, 2018, against defendant Corporal Oscar Fuentez1 for violation of due process under the Fourteenth Amendment. (ECF No. 45.)

26 1 Plaintiff spells Defendant’s last name as “Fuentes,” but Defendant spells it as “Fuentez.” The 27…