Barron

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LOUIS RALPH PICART, Case No. 2:18-CV-01842-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. BARRON, Defendant. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Pending before the Court is Defendant’s motion for summary judgment, ECF No. 45, Plaintiff’s opposition, ECF Nos. 62, and Defendant’s reply, ECF No. 64. Plaintiff alleges that Defendant used excessive force against him in violation of the Eighth Amendment by kicking his legs and feet. Defendant argues that the evidence does not support Plaintiff’s claim, and that he is entitled to summary judgment. The undersigned agrees that the undisputed evidence refutes Plaintiff’s claim and recommends granting Defendant’s motion. / / / / / / / / / / / / I. BACKGROUND Plaintiff commenced this civil rights action on June 25, 2018. ECF No. 1. He alleges…