(PC) Burchett v. California Dept of Corr and Rehabilitations

I. INTRODUCTION

23 Peter Burchett (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 24 in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case proceeds “on Plaintiff’s 25 excessive force claims against the eight Doe Defendants that allegedly attacked him on January 26 31, 2018, and defendant Ramirez.” (ECF No. 57, p. 2).1

28 On January 26, 2021, defendant Ramirez filed a motion for summary judgment. (ECF No. 109). Plaintiff filed his opposition on March 2, 2021. (ECF No. 114). Defendant Ramirez filed his reply on March 9, 2021. (ECF No. 117). Additionally, Plaintiff’s deadline to file a motion to substitute named defendants in place of the Doe Defendants who allegedly attacked him on January 31, 2018, has passed, and Plaintiff failed to file the motion. For the reasons that follow, the Court will recommend that the eight Doe Defendants be dismissed without prejudice for failure to serve, that defendant Ramirez’s motion for summary judgment be granted in part and denied in part, that Plaintiff’s claim against defendant Ramirez be dismissed without prejudice because Plaintiff failed…