Cowan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MASA NATHANIEL WARDEN, No. 2:19-cv-00431 MCE AC PS Plaintiff, v. FINDINGS AND RECOMMENDATIONS B. COWAN; W. WILLIAMS; and N.

WEAVER,

15 Defendants. 16 17 Plaintiff, a state prisoner, is proceeding in this action pro se and in forma pauperis and the case was accordingly referred to the undersigned by Local Rule 302(c)(21). Defendants have moved for summary judgment. ECF No. 43. Plaintiff filed an opposition to the motion, ECF No. 48, and defendants replied. ECF No. 49. Plaintiff filed an unauthorized surreply. ECF No. 50. Based on the analysis below, defendants’ motion should be GRANTED in part, as to defendant W. Williams only, and otherwise DENIED. I. Complaint and Procedural Background This case proceeds on the basis of the First Amended Complaint (“FAC”), ECF No. 13. On screening pursuant to the in forma pauperis statute, the undersigned found that the FAC stated a Fourth Amendment claim for use of excessive…