Fernandez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE VERNE ELLESBURY, No. 2: 18-cv-2744 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. FERNANDEZ, et al., Defendants. 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 are defendants’ summary judgment motion (ECF No. 79) and plaintiff’s motion for partial summary judgment. (ECF No. 82.) For the reasons stated herein, the undersigned recommends that defendants’ motion be granted and plaintiff’s motion be denied. II. Legal Standard for Summary Judgment Summary judgment is appropriate when it is demonstrated that the standard set forth in Federal Rule of Civil Procedure 56 is met. “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to 27 Although plaintiff characterizes his motion as a motion…