Albee

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL LENOIR SMITH, No. 2:15-cv-1598 JAM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

SGT. GREGORY, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pursuant to the court’s screening order, this action proceeds on plaintiff’s due process claims against defendant Gregory and the County of Sacramento. (ECF No. 26.) Cross-motions for summary judgment are before the court. As discussed below, the undersigned recommends that plaintiff’s motion for summary judgment be denied and defendants’ motion for summary judgment be granted. I. Background On March 19, 2018, plaintiff’s claims based on incidents in 2002, including his retaliation claims against defendants Albee and Sheriff Jones based on their actions in 2002, were dismissed with prejudice, and plaintiff’s remaining claims, including his claim against Jones…