Winkfield

(PC) Hawkins v. Winkfield

Good Law
United States District Court, Eastern District of CaliforniaSeptember 17, 20212:19-cv-01228California5,476 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEFF HAWKINS, No. 2:19-cv-1228 TLN KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. WINKFIELD, et al., Defendants. 16 Plaintiff, a state prisoner, proceeds pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that defendants Winkfield, Pendleton, Decker, and Whipple used excessive force in violation of the Eighth Amendment. Before the court is defendants’ motion for summary judgment. For the reasons set forth below, the undersigned recommends defendants’ motion be granted. BACKGROUND This case proceeds on plaintiff’s unverified amended complaint, filed on September 9, 2019. (ECF No. 10.) Plaintiff alleged that while housed at Mule Creek State Prison (“MCSP”), en route to the law library on August 28, 2018,1 defendant Pendleton pepper-sprayed plaintiff, 26 As noted by defendants, plaintiff appears to have misstated the date of…

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