Ross

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KIFA MUHAMMAD, No. 2:21-CV-00776-CKD P Plaintiff, v. ORDER AND SEAN ROSS, FINDINGS AND RECOMMENDATIONS Defendant. 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 a Fourth Amendment excessive force claim against defendant Ross that occurred on September 20, 2019 in the course of plaintiff’s arrest. See ECF No. 12 (screening order). Currently pending before the court is defendant’s motion for summary judgment. ECF No. 34. The motion has been fully briefed by the parties. ECF Nos. 38-40. For the reasons explained below, the undersigned recommends 23 1 To the extent that defendant’s summary judgment motion also references a Monell claim against the City of Stockton and a state tort of assault and battery, these claims were screened out and plaintiff elected not to amend his complaint. See…