Huerta

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LARRY WILLIAM CORTINAS, 1:17-cv-00130-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT

vs. DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT BE DENIED AS

M. HUERTA, et al., MOOT (ECF No. 51.) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

18 I. BACKGROUND Larry William Cortinas (“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 the original Complaint, filed on January 30, 2017, against Correctional Officers J. Scalia and C/O M. Huerta (“Defendants”) for use of excessive force in violation of the Eighth Amendment.1 (ECF No. 1.) 25 1 On September 13, 2017, the court issued an order for this case to proceed only against defendants Scalia and Huerta for use of excessive force and defendant Scalia for retaliation, and…