Rodriguez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN PENN BIVINS, No. 2:18-CV-2671-JAM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CHRIS SARABIA, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. The only parties remaining in the action now are Plaintiff and Defendant Christopher Sarabia. Pending before the Court are Defendant’s motion for summary judgment, ECF No. 103, and Plaintiff’s opposition, ECF No. 106. Also before the Court are Defendant’s objection to Plaintiff’s evidence, ECF No. 107, Plaintiff’s sur-reply, ECF No. 110, and Defendant’s motion to strike Plaintiff’s sur-reply.1 / / / / / / / / / 26 As discussed below, the Court finds that reference to Plaintiff’s evidence to which Defendant objects and Plaintiff’s sur-reply was not necessary to resolve the pending motion for summary judgment. Therefore, it is not necessary to address Defendant’s objections or motion to 28 …