Joseph

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CRAIG RICHARD, No. 2: 21-cv-0975 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JOSEPH, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court are cross-motions for summary judgment, defendants’ motion to strike plaintiff’s sur-reply and plaintiff’s motion for clarification, construed as a request for reconsideration. (ECF Nos. 62, 65, 71, 77.) For the reasons stated herein, the undersigned recommends that defendants’ motions for summary judgment and to strike plaintiff’s sur-reply be granted, and plaintiff’s motions for summary judgment and clarification, construed as a request for reconsideration, be denied. II. Legal Standards for Summary Judgment Summary judgment is appropriate when it is demonstrated that the standard set forth in Federal Rule of…