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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SMILEY MARTIN, No. 2: 18-cv-1658 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. HER, Defendant. 16 I. Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant Her’s summary judgment motion. (ECF No. 33.) For the reason stated herein, the undersigned recommends that defendant’s motion be granted in part and denied in part. On October 3, 2019, the undersigned granted plaintiff thirty days to file his opposition to defendant’s summary judgment motion. (ECF No. 36.) On October 10, 2019, plaintiff filed a three pages long opposition to defendant’s summary judgment motion. (ECF No. 37.) On October 17, 2019, defendant filed a reply to plaintiff’s opposition. (ECF No. 38.) On October 18, 2019, plaintiff filed a response to defendant’s statement of undisputed facts. (ECF…