Huerta

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LARRY WILLIAM CORTINAS, 1:17-cv-00130-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANT

vs. HUERTA’S MOTION FOR SUMMARY

JUDGMENT BE GRANTED

M. HUERTA, et al., (ECF No. 69.)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

17 I. BACKGROUND Larry William Cortinas (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with the original Complaint, filed on January 30, 2017, against Correctional Officers J. Scalia and M. Huerta for use of excessive force in violation of the Eighth Amendment. (ECF No. 1.) On July 6, 2020, defendant Huerta (“Defendant”) filed a motion for summary judgment on the grounds that (1) Plaintiff has abandoned his claim against Defendant Huerta, and (2) 25 1 On September 13, 2017, the court issued an order for…