Gomez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RUBEN GOMEZ, Case No.: 16-CV-2316-WQH(WVG)

Plaintiff,

REPORT AND

v. RECOMMENDATION ON

DEFENDANT MANI’S MOTION

MADDEN et al.,

FOR PARTIAL SUMMARY

Defendants. JUDGMENT

16 [Doc. No. 28.] 17 18 Pending before the Court is Defendant Mani’s motion for partial summary judgment on the Third Amended Complaint’s first and third claims.1 As explained below, this Court RECOMMENDS the motion be GRANTED-IN-PART and DENIED-IN-PART, that judgment be entered in Defendant’s favor on Claim One and Claim Three, and that the case be closed given the resulting lack of remaining claims and defendants. / / / / / / 26 1 Claim Two was brought solely against now-dismissed defendant Sangha. Claims One and Three are thus the only remaining claims in this case against the only remaining defendant, 28 I. STATEMENTS OF FACTS A. Plaintiff’s Statement of Facts2 In 2007,…