Barajas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JUAN HERNANDEZ, No. 2:21-cv-0480 TLN DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS P. BARAJAS, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants violated his Eighth Amendment rights. Presently before the court is defendants’ fully briefed motion to dismiss and for partial summary judgment. (ECF No. 39.) For the reasons set forth below the court will recommend that the motion be granted. BACKGROUND I. Relevant Procedural History Plaintiff initiated this action with the filing of the complaint on March 4, 2021. (ECF No. 1.) The undersigned screened and dismissed plaintiff’s original complaint with leave to amend. (ECF No. 9.) Upon screening the amended complaint, the undersigned determined it stated potentially cognizable excessive force and deliberate indifference…