(PC) Barnett v. Fisher, Jr.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DELBERT BARNETT, Case No. 1:17-cv-01361-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT’S MOTION

v. FOR SUMMARY JUDGMENT AND

DENY PLAINTIFF’S MOTION

R. FISHER, JR., FOR SUMMARY JUDGMENT

Defendant. (Docs. 42, 43)

16 Before the Court are the parties’ cross-motions for summary judgment. (Docs. 42, 43.) For the reasons set forth below, the Court recommends that Defendant’s motion be granted and that Plaintiff’s motion be denied. I. LEGAL STANDARD Summary judgment is appropriate when the moving party “shows that 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). The moving party “initially bears the burden of proving the absence of a genuine issue of material fact.” In re Oracle Corp. Sec. Litig., 627 F.3d 376, 387 (9th Cir. 2010) (citing Celotex Corp. v. Catrett, 477 U.S. 317,…