Young

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BINH C. TRAN, No. 2:17-cv-1260 MCE DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

K. YOUNG, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants violated his rights when they failed to protect him, violated his right to due process during a disciplinary hearing, and treated him differently than other inmates. Presently before the court is defendants fully briefed motion for summary judgment and their motion to strike plaintiff’s unauthorized sur-reply. For the reasons set forth below the court will deny defendants’ motion to strike and recommend that the motion for summary judgment be granted. BACKGROUND I. Procedural History This action proceeds on plaintiff’s First Amended Complaint (“FAC”). (ECF No. 16.) Upon screening the FAC the…