(PC) Taylor v. Commissioner of the California Department of Corrections and Rehabilitation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 PRESTON TAYLOR, Case No. 1:20-cv-00798-ADA-SAB (PC)

11 Plaintiff,

FINDINGS AND RECOMMENDATION

12 v. RECOMMENDING DEFENDANT

TURNER’S MOTION FOR SUMMARY

13 COMMISSIONER OF CALIFORNIA JUDGMENT BE DENIED

DEPARTMENT OF CORRECTIONS AND

14 REHABILITATION, et al., (ECF No. 77)

15 Defendants.

16 17 Plaintiff Preston Taylor is proceeding in forma pauperis in this civil rights action filed 18 pursuant to 42 U.S.C. § 1983. 19 Currently before the Court is Defendant Turner’s motion for summary judgment, filed 20 September 22, 2022. 21 I. 22 RELEVANT BACKGROUND 23 This case is proceeding against Defendant Turner for excessive force in violation of the 24 Eighth Amendment.1 25 On December 14, 2020, Defendant Turner filed an answer to the complaint. (ECF No. 26 21.) 27 1 On August 31, 2022, the Court issued Findings and Recommendations recommending that Defendant Burden’s 1 On February 19, 2021, the Court issued the discovery and…