Reyersbach

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 UBALDO MIO GUTIERREZ, Case No. 2:22-cv-1492-TLN-JDP (P) Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. J. PANTOJA, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, alleges a violation of his due process rights at a disciplinary hearing related to a contraband cell phone. Specifically, he alleges that defendant correctional lieutenant J. Pantoja, who presided over the hearing, did not allow plaintiff to question the correctional officer who found and reported the cell phone. Defendant moves for summary judgment, arguing that plaintiff’s claim is barred by the favorable termination rule, that defendant did not violate plaintiff’s due process rights, and that he is entitled to qualified immunity. In response, plaintiff has filed a brief that is labeled as an opposition and cross motion for summary judgment, but which is essentially a request to re-open discovery. I recommend that plaintiff’s request to re-open discovery be denied…