United States District Court, E.D. California
DURRELL A. PUCKETT, Plaintiff,
K. BRANDON, et al., Defendants.
FINDINGS AND RECOMMENDATION REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [ECF No. 16]
STANLEY A. BOONE, Magistrate Judge.
Plaintiff Durrell A. Puckett is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
This action is proceeding on Plaintiff's claim of retaliation against Defendant Brandon.
On November 12, 2014, Plaintiff filed a motion for summary judgment, and Defendant filed an opposition on December 1, 2014.
Any party may move for summary judgment, and the Court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a) (quotation marks omitted); Washington Mutual Inc. v. U.S. , 636 F.3d 1207, 1216 (9th Cir. 2011). Each party's position, whether it be that a fact is disputed or undisputed, must be supported by (1) citing to particular parts of materials in the record, including but not limited to depositions, documents, declarations, or discovery; or (2) showing that the materials cited do not establish the presence or absence of a genuine dispute or that the opposing party cannot produce admissible evidence to support the fact. Fed.R.Civ.P. 56(c)(1) (quotation marks omitted). The Court may consider other materials in the record not cited to by the parties, but it is not required to do so. Fed.R.Civ.P. 56(c)(3); Carmen v. San Francisco Unified School Dist. , 237 F.3d 1026, 1031 (9th Cir. 2001); accord Simmons v. Navajo County, Ariz. , 609 F.3d 1011, 1017 (9th Cir. 2010).
If the moving part meets its initial responsibility, the burden then shifts to the opposing part to establish that a genuine issue as to any material fact actually does exist. Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586 (1986). In attempting to establish the existence of this factual dispute, the opposing party may not rely upon the denials of its pleadings, but is required to tender evidence of specific facts in the form of affidavits, and/or admissible discovery material, in support of its contention that the dispute exists. Fed.R.Civ.P. 56(c); Matsushita , 475 U.S. at 586 n. 11.
The parties bear the burden of supporting their motions and oppositions with the papers they wish the Court to consider and/or by specifically referencing any other portions of the record for consideration. Carmen v. San Francisco Unified School Dist. , 237 F.3d 1026, 1031 (9th Cir. 2001). The Court will not undertake to scour the record for triable issues of fact. Simmons v. Navajo County, Arizona , 609 F.3d 1011, 1017 (9th Cir. 2010).
A. Allegations of Complaint
On or about June 17, 2013, for 17-23 breakfasts and lunches Brandon refused to feed Plaintiff which caused him to feel homicidal and hear voices. He was also harassed by Brandon calling her a nigger, rapist, and pervert. Because Brandon ripped up the obituaries of Plaintiff's mother, two brothers, sister-in-law and friends, Plaintiff was deeply depressed to the point that on July 7, 2013, he swallowed a razor in attempt to kill himself. Plaintiff constantly feels emotionally depressed by Brandon's actions, and Plaintiff was sent to the state hospital on November 4, 2013. Plaintiff still has ...