Hicks

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ANTOINE L. ARDDS, ) Case No.: 1:19-cv-01738-SAB (PC) ) Plaintiff, ) ) ORDER GRANTING DEFENDANT’S v. ) MOTION FOR SUMMARY JUDGMENT,

AND DISMISSING ACTION, WITHOUT

D. HICKS, ) PREJUDICE ) Defendant. ) (ECF No. 55) ) )

Plaintiff Antoine L. Ardds is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Both parties consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c)(1). (ECF No. 39.) Currently before the Court is Defendant’s motion for summary judgment, filed May 12, 2021. I. RELEVANT BACKGROUND This action is proceeding against Defendant Hicks for excessive force in violation of the Eighth Amendment. Defendant filed an answer to the complaint on September 11, 2020. (ECF No. 35.) After an unsuccessful settlement…