Linde

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VONTELL WESSON, No. 2:19-cv-1880 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS BURT A. LINDE, Defendant. 16 Plaintiff is a federal prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendant used excessive force against him during his 2019 arrest. Presently before the court is defendant’s fully briefed motion for summary judgment. For the reasons set forth below the court will recommend that defendant’s motion be denied. BACKGROUND I. Relevant Procedural History This action proceeds on plaintiff’s original complaint. (ECF No. 1.) By order dated December 19, 2019, the undersigned screened the complaint and determined it stated a cognizable excessive force claim against defendant. (ECF No. 9.) However, the complaint failed to state any additional claims. Plaintiff was given the option to amend the complaint or…