Patel

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ELVIS VENABLE, Case No. 1:17-cv-01519-AWI-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DEFENDANT’S MOTION

v. FOR PARTIAL SUMMARY JUDGMENT DR. PATEL, (ECF No. 28) Defendant. FOURTEEN (14) DAY DEADLINE 16 I. Background Plaintiff Elvis Venable is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s complaint against Defendant Patel for sexual assault in violation of the Eighth Amendment. (ECF No. 12.) On July 11, 2019, Defendant Patel filed a motion for partial summary judgment on Plaintiff’s claim for damages related to mental and emotional injuries resulting from Defendant’s alleged conduct. (ECF No. 28.) On August 20, 2019, after Plaintiff failed to timely file a response to Defendant’s partial summary judgment motion, the Court ordered Plaintiff to file an opposition,…