Tappan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RUDIE ANTHONY JARAMILLO, No. 2:22-cv-00075-WBS-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS T. TAPPAN, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. ECF No. 1. In screening the complaint pursuant to 28 U.S.C. § 1915A(a), the court determined that plaintiff alleged a potentially cognizable Eighth Amendment claim for excessive force against defendant Tappan. ECF No. 8. Claims against defendants R. Ehlers, Faye, and Lieutenant Manes were dismissed with leave to amend. Id. Plaintiff opted not to amend his complaint, and a discovery schedule was entered. ECF Nos. 11 & 29. Plaintiff now moves for summary judgment (ECF No. 53), a motion which defendant has opposed. ECF No. 60. For the reasons that follow, plaintiff’s motion for summary judgment must be DENIED. I. The Complaint Plaintiff alleges that defendant Tappan beat plaintiff’s…