CDCR

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LENIOR SMITH, No. 2:18-cv-2942 KJM AC P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

REHABILITATION, et al., Defendants. 17 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 plaintiff’s motion for partial summary judgment. ECF No. 48. I. Procedural History This case proceeds on the second amended complaint. ECF No. 22. On screening, the court found that plaintiff had stated excessive force claims against defendants Suchoski, Binder, Martinez, and Rose based on an incident that occurred on August 14, 2016, and defendants Monge, Tillery, and Colby based on an incident that occurred on January 18, 2018. ECF No. 26 at 7. Plaintiff also stated a claim for failure to protect against defendants Cook and Stinson based on an incident in August 2018 in which plaintiff was…