Kropp

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MATTHEW KROPP, Case No. 18-cv-01549-SI

8 Plaintiff,

ORDER GRANTING DEFENDANT’S

9 v. MOTION FOR SUMMARY

JUDGMENT

10 JEFFERY SCOTT, Re: Dkt. Nos. 30, 37 11 Defendant.

12 13 This is a pro se prisoner’s civil rights action under 42 U.S.C. § 1983 in which Matthew 14 Kropp alleges that correctional officer Jeffrey Scott subjected him to cruel and unusual punishment 15 by shooting him when he was fighting with other inmates. Defendant now moves for summary 16 judgment on the merits of Kropp’s claim and on the defense of qualified immunity. Kropp does not 17 oppose the motion. For the reasons discussed below, defendant’s motion for summary judgment 18 will be granted and judgment will be entered in his favor. 19 20 BACKGROUND 21 The following facts are undisputed unless otherwise noted: 22 The events and omissions giving rise to the complaint occurred on the Facility A yard at 23 Pelican Bay State Prison, a…