Figueroa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KYREE BREEDLOVE, Case No. 1:18-cv-01669-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DISMISSAL OF

v.

ACTION, WITH PREJUDICE, FOR FAILURE

FIGUEROA, et al., TO PROSECUTE AND FAILURE TO OBEY

COURT ORDER

Defendants. (ECF No. 43)

FOURTEEN (14) DAY DEADLINE

17 18 Plaintiff Kyree Breedlove (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Figueroa (“Defendant”) for excessive force in violation of the Eighth Amendment. For the reasons that follow, the Court recommends that this action be dismissed, with prejudice. I. Background On April 30, 2021, Defendant filed a motion for summary judgment on the grounds that: (1) Plaintiff failed to exhaust his administrative remedies as to his Eighth Amendment claim; and (2) Plaintiff’s Eighth Amendment claim against Defendant is barred by the…