Scottini

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAVAUGHN K. ROBINSON, No. 2:22-cv-1641 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SCOTTINI, Defendant. 16 Plaintiff is a state prisoner, proceeding pro se, in an action brought under 42 U.S.C. § 1983. Plaintiff’s motion for summary judgment is fully briefed. However, in her motion, as pointed out by defendant, plaintiff concedes that defendant denies plaintiff’s allegations of sexual assault. Indeed, defendant’s declaration confirms he disputes plaintiff’s verified claims in her complaint. (ECF No. 33-3.) In her reply, plaintiff again confirms that there are genuine material facts at issue. (ECF No. 37 at 1.) The Court’s function on a summary judgment motion is not to make credibility determinations or weigh conflicting evidence with respect to a material fact. See T.W. Elec. Serv., Inc. V. Pacific Elec. Contractors Ass’n, 809 F.2d 626, 630 (9th Cir. 1987). Plaintiff is advised that the…