Barbour

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH HARVEY, No. 2:12-cv-02029 KJM DB Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. BARBOUR, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff alleges that defendant J. Barbour violated his First Amendment rights when she forced him to perform work duties inconsistent with an active medical chrono in retaliation for his verbal complaints and an inmate grievance that he filed. Defendant now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff opposes the motion. For the reasons set forth below, defendant’s motion should be granted. I. Summary of Plaintiff’s Allegations The allegations in the second amended complaint arise from an incident occurring at California State Prison in Solano, California in July 2011. Plaintiff alleges that he suffers from chronic back…