Silva

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOEY ALVAREZ, ) Case No.: 1:19-cv-00003-DAD-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS v. ) RECOMMENDING DEFENDANT SILVA’S

MOTION FOR SUMMARY JUDGMENT BE

SILVA, et.al., ) GRANTED ) Defendants. ) [ECF No. 44] ) )

Plaintiff Joey Alvarez is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendant Silva’s motion for summary judgment, filed February 3, 2020. I. RELEVANT BACKGROUND This action is proceeding against Defendants Silva and Rodriguez for excessive force in violation of the Eighth Amendment.1 On September 20, 2019, Defendant Silva filed an answer to the complaint. (ECF No. 28.) 26

1 On October 2, 2019, the Court issued the discovery and scheduling order. (ECF No. 29.) As…