(PC) Penn v. Warden of Kern Valley State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLIN PENN, Case No. 1:18-cv-01482-KES-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATION TO

GRANT DEFENDANT’S MOTION FOR

v.

SUMMARY JUDGMENT

14 (Doc. No. 99) A. LUCAS,

FOURTEEN-DAY OBJECTION PERIOD

Defendant. 17 Pending before the Court is Defendant A. Lucas’ motion for summary judgment filed November 14, 2023. (Doc. No. 99, “MSJ”). For the reasons discussed below, the undersigned recommends the district court grant Defendant’s motion for summary judgment because the undisputed material facts show that Lucas did not retaliate against Plaintiff. BACKGROUND A. Procedural History Plaintiff Marlin Penn is a state prisoner proceeding pro se and in forma pauperis on his Second Amended Complaint filed pursuant to 42 U.S.C. § 1983 stemming from events that occurred at Kern Valley State Prison (“KVSP”). (Doc. No. 19, “SAC”). The SAC initially named seven defendants, all of whom are employed by…