Borges

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 RUSSELL S. GRANT, Case No. 1:20-cv-00908-JLT-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANT’S

v. MOTION FOR SUMMARY JUDGMENT BE

DENIED; THAT THE STAY BE LIFTED AND

D. RIOS, THE PREVIOUSLY VACATED DEADLINES

BE RESET; AND THAT AN EVIDENTIARY

Defendant. HEARING BE SET 15 (ECF No. 41)

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

18 I. INTRODUCTION Russell Grant (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff’s Eighth Amendment excessive force claim against defendant Rios based on Plaintiff’s allegations that defendant Rios made sure that Plaintiff’s handcuffs were too tight and then pushed Plaintiff into a wall and held him there. (ECF Nos. 1, 13, & 14).1 On January 10, 2022, Defendant filed a motion for summary judgment on the ground that…