Loterzstain

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHELDON RAY NEWSOME, Case No. 2:19-cv-0307-DAD-JDP (P) Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. LOTERSZTAIN, Defendant. 16 17 Plaintiff, a state prisoner, brought this action under section 1983 alleging that defendant M. Lotersztain violated his Eighth Amendment rights by removing him from the Out-Patient Housing Unit (“OHU”), and his First Amendment rights by doing so in retaliation for his reports about another provider’s misconduct. ECF No. 18 at 5, 14-15. Plaintiff has filed a motion for summary judgment, ECF No. 165, and defendant Lotersztain has filed a cross motion for summary judgment, ECF No. 173. Defendant’s motion should be granted and plaintiff’s denied. Legal Standards Summary judgment is appropriate where 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); Washington Mutual Inc. v.…