Stinson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCELINO CLEMENTE, Case No. 2:19-cv-00789-MCE-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT BE DENIED STINSON, ECF No. 21 Defendant. OBJECTIONS DUE WITHIN 14 DAYS 16 Plaintiff Marcelino Clemente, a state prisoner proceeding without counsel under 42 U.S.C. § 1983, alleges that defendant Stinson, a correctional officer, threatened him and filed a false report against him in retaliation for his filing of grievances and lawsuits. Defendant has filed a motion for summary judgment, arguing primarily that the report—a California Department of Rehabilitation and Corrections (“CDCR”) 128-B chrono—is informational rather than disciplinary, and that it therefore does not implicate the First Amendment. I recommend that defendant’s motion be denied. Background Plaintiff is a seventy-year-old prisoner at Mule…