Lacebal

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VENCIL C. GREEN, No. 2:21-cv-01636 DC SCR P Plaintiff, v. FINDINGS & RECOMMENDATIONS 14 VAL LACEBAL, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Before the court are the parties’ cross motions for summary judgment. (ECF Nos. 46, 63.) For the reasons set forth below, the undersigned recommends that both motions be denied. BACKGROUND I. Procedural History This case proceeds on plaintiff’s complaint filed on September 13, 2021. (ECF No. 1.) On screening, the previously assigned magistrate judge found the complaint stated a cognizable First Amendment retaliation claim against defendants V. Lacebal, a supervisor for the Prison Industrial Authority (“PIA”), and K. Molle, a manager for the PIA. (ECF No. 9.) 27 On September 25, 2023, District Judge Drozd granted defendants’ motion to dismiss the complaint’s official…