McKinley

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TERRY MCKINLEY, Case No.: 15-cv-0228-WQH-BGS

Plaintiff,

REPORT AND

v. RECOMMENDATION ON

DEFENDANT’S MOTION FOR

AMY MILLER, et al.,

SUMMARY JUDGMENT

Defendants. [ECF NO. 149] 16 17 Presently before the Court is a Motion for Summary Judgment pursuant to Federal Rule of Civil Procedure 56 filed by Defendant B. Hugie. (ECF No. 149.) Plaintiff Terry McKinley filed an opposition to the motion. (ECF No. 153.) Defendant did not file a reply. This Report and Recommendation is submitted to United States District Judge William Q. Hayes pursuant to 28 U.S.C. § 636(b)(1) and Local Civil Rule 72.1(c). For the reasons discussed below, IT IS RECOMMENDED that Defendant’s motion for summary judgment be GRANTED. / / / 27 28 I. BACKGROUND A. Factual Background Plaintiff, a former state prisoner, was incarcerated at Centinela State Prison during the events relevant to this action.…