Tucker

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRUNO GUTIERREZ, as Successor-In- No. 2:19-CV-0878-DAD-DMC-P Interest to Gerardo J. Gutierrez, 12 Plaintiff, FINDINGS AND RECOMMENDATIONS v.

V. TUCKER,

15 Defendant.

17 Plaintiff is proceeding pro se as successor-in-interest in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant’s motion for summary judgment, ECF No. 48. Plaintiff has filed an opposition, ECF No. 57. Defendant filed a reply, ECF No. 59. The Federal Rules of Civil Procedure provide for summary judgment or summary adjudication when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(a). The standard for summary judgment and summary adjudication is the same. See Fed. R. Civ. P. 56(a), 56(c); see also Mora v. ChemTronics, 16…