Albonico

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ARNOLD RODRIGUEZ, No. 2:19-cv-1108 MCE AC P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

N. ALBONICO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion for summary judgment. ECF No. 55. I. Procedural History This case proceeds on plaintiff’s first amended complaint. ECF No. 9. On screening, the court found that plaintiff had stated claims for relief against defendants. ECF No. 23. After the close of discovery, defendants filed a motion for summary judgment. ECF No. 55. Plaintiff filed a cross-motion for summary judgment (ECF No. 72) and an opposition (ECF No. 73). The cross- motion was construed as a further opposition to the motion for summary judgment, and plaintiff was given an opportunity to submit another copy of his opposition because it appeared to be 27 …