(PC) Wells v. Gonzales

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

FRANK WELLS, Case No. 1:17-cv-01240-DAD-EPG-PC

Plaintiff, FINDINGS AND RECOMMENDATION TO

DENY DEFENDANT’S MOTION TO

v. STRIKE AND GRANT IN PART AND

DENY IN PART DEFENDANT’S MOTION

ROSA GONZALES, FOR SUMMARY JUDGMENT

Defendant. (ECF Nos. 58, 75)

OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

17 Frank Wells (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Before the Court are Defendant’s motion for summary judgment and Defendant’s motion to strike unauthorized sur-replies. For the reasons described below, the undersigned recommends that the motion for summary judgment be granted in part and denied in part and the motion to strike be denied. I. BACKGROUND Plaintiff filed the Complaint commencing this action on September 15, 2017. (ECF No. 1). The undersigned screened the Complaint and found that it…