Arnold

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN ESPINO, No. 2:17-cv-2198 DAD AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ERIC ARNOLD, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil 18 rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States 19 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Before the court are defendants’ motion to compel (or in the alternative, motion to 21 dismiss) and defendants’ motion for summary judgment. ECF No. 46, 48. For the reasons stated 22 below, the undersigned will recommend that defendants’ motion to dismiss be granted and that 23 their motion for summary judgment be denied as moot. 24 I. MOTION TO COMPEL OR, ALTERNATIVELY, TO DISMISS 25 On April 21, 2022, defendants filed the instant motion to compel plaintiff to respond to 26 their written discovery or in the alternative, to dismiss. ECF No.…