Warren

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN HARDNEY, Case No. 2:16-cv-00172-KJM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION FOR

v. SUMMARY JUDGMENT BE DENIED R. WARREN, et al., ECF No. 135 Defendants. OBJECTIONS DUE WITHIN 14 DAYS ORDER GRANTING DEFENDANTS’

MOTION TO STRIKE

17 ECF No. 138 18 Plaintiff John Hardney is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He alleges two claims under the Eighth Amendment: (1) that defendant Kumeh was deliberately indifferent to his serious medical needs by not providing medical treatment after witnessing other staff use force against him; and (2) that defendant Brazil used excessive force against him. Defendants move for summary judgment. 24 25 26 1 The first amended complaint also alleged excessive force claims against three other defendants—Pogue, Hickman, and Almodovar. ECF No. 10. …