Hubard

Case 2:11-cv-00518-TLN-KJN Document 256 Filed 02/10/22 Page 1 of

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 ANTHONY PENTON, No. 2:11-cv-0518 TLN KJN P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS HUBARD, et al., 14 Defendants.

Plaintiff is a state prisoner, represented by counsel. This action proceeds under 42 U.S.C. § 1983 on plaintiff’s claims that defendant Johnson violated plaintiff’s right of access to mail and right of access to the courts. 1 Plaintiff filed a motion for partial summary judgment against defendant Johnson. Defendant Johnson filed a motion for summary judgment and/or partial summary adjudication. As set forth more fully below, it is recommended that both motions be denied. ////

1 Plaintiff’s third cause of action was solely pled as to defendant Pool. On April 14, 2020, defendants Pool, Quinn and Besenaiz were granted judgment on the…