Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 REGINALD RAY YORK, Case No. 1:15-cv-01828-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING CROSS-MOTIONS FOR

v. SUMMARY JUDGMENT G. GARCIA, et al., (ECF Nos. 64, 69) Defendants. FOURTEEN (14) DAY DEADLINE 15 Plaintiff Reginald Ray York is a state prisoner appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court are the parties’ cross-motions for summary judgment. For the reasons set forth below, the Court recommends that both Plaintiff’s motion for summary judgment and Defendants’ motion for partial summary judgment be denied. I. Procedural Background This action is proceeding on Plaintiff’s complaint, filed on December 7, 2015, against Defendant Garcia for excessive force in violation of the Eighth Amendment, against Defendant Neighbors for failure to protect Plaintiff from the excessive use of force in violation of the Eighth 25 …