Rutherford

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND LEE GOINS, No. 2:18-cv-1750 TLN AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. RUTHERFORD, et al., Defendants. 16 Plaintiff is a state prisoner incarcerated at California State Prison Corcoran (CSP-COR), under the authority of the California Department of Corrections and Rehabilitation (CDCR). Plaintiff proceeds pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983, challenging conditions of his prior confinement at California State Prison Sacramento (CSP-SAC). This action proceeds against four of the five defendants on plaintiff’s Eighth Amendment claims for the use of excessive force (against defendants Rutherford, Elizarraras, Hart and Saaverdra), and against defendant Saelee on plaintiff’s Eighth Amendment failure-to-protect claim. See ECF No. 7 et seq. On August 22, 2019, defendants filed and served a motion for partial summary judgment on the ground that…