O'Reilly

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DE’VON-SAMUEL JAMES- No. 2:18-cv-1827-TLN-JDP-P

SINGLETON PERKINS,

12 Plaintiff, 13 FINDINGS AND RECOMMENDATIONS v. 14

D. BAUGHMAN, et al.,

15 Defendants. 16 17 18 Plaintiff is astateinmateproceeding without counsel with asuit under 42 U.S.C. § 1983. 19 He has filed a motion for summary judgment against defendant O’Reilly(“defendant”). ECF No. 20 39. Defendant has filed an opposition, ECF No. 44, and plaintiff has not filed a timely reply. I 21 recommend that plaintiff’s motion be denied. 22 Legal Standards 23 Summary judgment is appropriate when there is “no genuine dispute as to any material 24 fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). Summary 25 judgment avoids unnecessary trials in cases in which the parties do not dispute the facts relevant 26 to the determination of the issues in the case, or in which there is insufficient evidence for a jury 27 to determine those facts in favor of the nonmovant. …