Ali

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 12 JASON LATRELL THOMAS, Case No. 2:20-cv-00864-JDP (PC) Plaintiff, ORDER AND FINDINGS AND

RECOMMENDATIONS

v.

M. ALI, et al., Defendants. 18 19 Pending are plaintiff’s motion for summary judgment, ECF No. 66, and motion for judgment on the pleadings, ECF No. 86. Both should be denied. Motion for Summary Judgment A. Legal Standards Summary judgment is appropriate where there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); Washington Mutual Inc. v. United States, 636 F.3d 1207, 1216 (9th Cir. 2011). An issue of fact is genuine only if there is sufficient evidence for a reasonable fact finder to find for the non-moving party, while a fact is material if it “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Wool v. Tandem Computers, Inc., 818 F.2d…