Lozano

(PC) Rials v. Lozano

Good Law
United States District Court, Eastern District of CaliforniaJuly 21, 20232:19-cv-02152California3,147 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES ALEXANDER RIALS, No. 2:19-cv-02152-DJC-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. LOZANO, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on plaintiff’s first amended complaint alleging an Eighth Amendment sexual abuse claim against defendant Bowen.1 Currently pending before the court is defendant’s motion for summary judgment which has been fully briefed by the parties. See ECF Nos. 101, 104-105. Also pending before the court is plaintiff’s motion in limine as well as defendant’s motion to strike the motion in limine as prematurely filed. ECF Nos. 99-100. For the reasons explained below, the undersigned recommends granting defendant’s summary judgment motion and denying plaintiff’s motion in

1 Plaintiff’s Eighth Amendment claim pertaining to ongoing sexual misconduct by…

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