Viss

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. For the reasons set forth below, the undersigned will vacate the August 7, 2023, findings and recommendations and recommend that defendants’ motion for summary judgment be granted. BACKGROUND Upon screening the complaint, the undersigned determined that the complaint contained cognizable excessive force, failure to protect, and retaliation claims against defendants. (ECF No. 6 at 5-9.) Following service and a brief period of discovery, defendants filed a motion for partial summary judgment arguing that plaintiff…