Munguia

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JULIAN J. ALEXANDER, No. 2:21-cv-01390-KJM-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MUNGUIA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on plaintiff’s second amended complaint alleging an Eighth Amendment excessive force claim against defendants Munguia and Rodriguez and a First Amendment retaliation claim against defendant Britton. Currently pending before the court are cross motions for summary judgment. ECF Nos. 39, 46. For the reasons explained below, the undersigned recommends granting defendants’ motion for summary judgment and denying plaintiff’s partial motion for summary judgment. I. Summary Judgment Standards Under Rule 56 Summary judgment is appropriate when it is demonstrated that there “is no genuine dispute as to any material fact and the movant is entitled to judgment as…