Lopez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW LOPEZ, Case No. 21-cv-07136-PJH

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION FOR SUMMARY JUDGMENT

D. C. THOMAS, Re: Dkt. Nos. 29, 39, 40, 47 Defendant.

12 This is a civil rights case brought pro se by a state prisoner under 42 U.S.C. § 1983. His claims arise from his detention at Pelican Bay State Prison (“PBSP”). Plaintiff alleges that defendant Correctional Officer Thomas used excessive force against plaintiff while stopping a fight. Plaintiff filed a motion for summary judgment on the merits, and defendant filed a motion for summary judgment citing administrative exhaustion and on the merits. Defendant also included video footage of the incident. The parties filed oppositions and replies to the respective motions. The court has reviewed all of the filings and video evidence, and for the reasons set forth below, defendant’s motion for summary judgment is granted and plaintiff’s motion for summary…