Perez

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS KUSALICH, No. 2:20-CV-1863-DJC-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 PEREZ, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion for summary judgment. See 19 ECF No. 49. Plaintiff has filed an opposition. See ECF Nos. 59, 60, and 61. Defendants have 20 filed a reply. See ECF No. 63. 21 The Federal Rules of Civil Procedure provide for summary judgment or summary 22 adjudication when “the pleadings, depositions, answers to interrogatories, and admissions on file, 23 together with affidavits, if any, show that there is no genuine issue as to any material fact and that 24 the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(a). The 25 standard for summary judgment and summary adjudication is the same. See Fed. R. Civ. P. 26 56(a), 56(c); see also Mora v.…