Jones

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 THOMAS K. MILLS, No. 1:23-cv-01214-JLT-SAB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING PLAINTIFF’S SECOND

v. MOTION FOR SUMMARY JUDGMENT BE

DENIED

ZACHERY JONES, et al. (ECF No. 34) Defendants. 16 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants Zachery Jones and Javier Rivera for excessive force in violation of the Eighth Amendment. Currently before the Court is Plaintiff’s second motion for summary judgment, filed January 2, 2024. I. DISCUSSION “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A party moving for summary judgment must include a “Statement of Undisputed 27 …