Parriot

(PC) Smith v. Parriot

Good Law
United States District Court, Eastern District of CaliforniaDecember 15, 20211:19-cv-00286California344 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LAWRENCE CHRISTOPHER SMITH, 1:19-cv-00286-NONE-GSA-PC

Plaintiff, ORDER REQUIRING PLAINTIFF TO

FILE OPPOSITION TO DEFENDANTS’

vs. MOTION FOR SUMMARY JUDGMENT

ON OR BEFORE JANUARY 15, 2022

PARRIOT, et al., (ECF No. 47.)

Defendants.

18 Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds with the First Amended Complaint filed on September 10, 2020, against defendants Cantu, W. Gutierrez, and Mattingly (“Defendants”) for use of excessive force in violation of the Eighth Amendment. (ECF No. 22.) On September 15, 2021, Defendants filed a motion for summary judgment on the grounds that Plaintiff failed to exhaust administrative remedies and pursuant to Heck v. Humphrey. (ECF No. 47.) Plaintiff has not filed an opposition to the motion for summary judgment.…

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