(PC) Smith v. Gonzales

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LARRY SMITH, 1:17-cv-00436-DAD-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

v. MOTION FOR SUMMARY JUDGMENT

BE GRANTED IN PART AND DENIED IN

SERGEANT J. GONZALES, et al., PART (ECF No. 36.) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

18 I. PROCEDURAL HISTORY Larry Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint filed on June 23, 2017, against defendants Sergeant Gonzales, Correctional Officer (C/O) Johnson, C/O Castro, C/O Miner, C/O Florez, and C/O Potzernitz for use of excessive force in violation of the Eighth Amendment; against defendants C/O Fritz and C/O Scaife for failure to protect Plaintiff in violation of the Eighth Amendment; and against defendant…