Martinez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DESIREE MARTINEZ, No. 2:15-cv-00683-JAM Plaintiff, v. ORDER GRANTING DEFENDANT HIGH’S

MOTION FOR SUMMARY JUDGMENT

KYLE PENNINGTON, et al., Defendant. 16 Before this Court is Defendant Channon High’s motion for summary judgment on Plaintiff’s § 1983 claim for violation of due process, the sole remaining claim against her. Def.’s Mot. for Summary J., (“Mot.”), ECF No. 206. The parties are familiar with the facts and posture of this case, so the Court does not repeat them here. Despite Plaintiff’s objections, the Court finds the motion to be procedurally proper. See Opp’n at 7. Defendant was under no obligation to appeal this Court’s previous denial of summary judgment on the issue of qualified immunity and the defense would be available to her at trial. See Arrington v. City of Los Angeles, CV 15-03759-BRO (RAOx), 2017 WL 10543403, at *6 (C.D. Cal. June 30, 2017) (noting both the Supreme Court and Ninth 2…