Moore

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JUAN MONTENEGRO, ) Case No.: 1:19-cv-00430-DAD-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING PLAINTIFF’S MOTION

FOR SUMMARY JUDMENT BE DENIED,

DAVID MOORE, et.al., ) WITHOUT PREJUDICE ) Defendants. ) [ECF No. 32] ) ) ) )

Plaintiff Juan Montenegro is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendants David Moore and M. Garcia for excessive force in violation of the Eighth Amendment. Currently before the Court is Plaintiff’s motion for summary judgment, filed January 21, 2020. As an initial matter, Plaintiff’s motion is premature, as discovery just began on December 4, 2019, Defendants have not been given the opportunity to discover any facts or information necessary in drafting an opposition. In addition, Plaintiff’s…