Wise

Case 2:19-cv-00974-KJM-KJN Document 112 Filed 02/08/22 Page 1 of

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MICHAEL WITKIN, No. 2: 19-cv-0974 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. WISE, et al., Defendants.

I. Introduction

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

to 42 U.S.C. § 1983. Pending before the court are cross-motions for summary judgment. (ECF

Nos. 90, 94.) For the reasons stated herein, the undersigned recommends that defendants’

summary judgment be granted and plaintiff’s summary judgment motion be denied.

II. Legal Standard for Summary Judgment

Summary judgment is appropriate when it is demonstrated that the standard set forth in

Federal Rule of Civil Procedure 56 is met. “The court shall grant summary judgment if the

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