Viss
(PC) Blair v. Viss
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JERMAINE BLAIR, No. 2:22-cv-0670 KJM DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
VISS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants used excessive force, failed to protect him, and retaliated against him in violation of his constitutional rights. Presently before the court is defendants’ unopposed motion for summary judgment and motion to stay discovery and modify the discovery and scheduling order (“DSO”). (ECF Nos. 24, 25.) For the reasons set forth below, the undersigned will grant the motion to stay discovery and modify the DSO and recommend that this action be dismissed. UNOPPOSED MOTION FOR SUMMARY JUDGMENT I. Background By order dated July 19, 2022, the undersigned screened plaintiff’s complaint. (ECF No. 6.) The undersigned determined that the complaint…