Brazil

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 QUINTIN R. CROSS, No. 2:21-cv-0766 CKD P Plaintiff, v. ORDER AND BRAZIL, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. On January 25, 2022, the court screened plaintiff’s amended complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed on a claim arising under the Eighth Amendment against defendant Brazil for use of excessive force; a claim arising under the First Amendment against defendants Brazil, Tsushoko, and Clays; and a claim arising under the Americans with Disabilities Act (ADA) also against defendants Brazil, Tsushoko, and Clays. Defendants Brazil, Tsushoko, and Clays (defendants) have filed a motion for summary judgment, arguing that plaintiff failed to exhaust available administrative remedies prior to filing…