Warren

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN HARDNEY, No. 2:16-cv-172-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS R. WARREN, et al., Defendants. 16 Plaintiff is a California Department of Corrections and Rehabilitation (“CDCR”) inmate proceeding without counsel in an action brought under 42 U.S.C. § 1983. He filed this action on January 27, 2016 (ECF No. 1) and, after filing an amended complaint (ECF No. 10), the court found that he had stated: (1) a cognizable Eighth Amendment excessive force claim against defendants Pogue, Hickman, Almodovar, and Brazil; and (2) a cognizable Eighth Amendment deliberate indifference to medical needs claim against defendant Kumeh. ECF No. 16 at 2. Defendants Almodovar, Hickman, Pogue, and Kumeh move to dismiss. ECF No. 75. Plaintiff has filed an opposition. ECF No. 79. For the reasons stated hereafter, it is recommended that defendants’ motion be granted in part. /////

1 Defendant Brazil…