Bigoni

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 XAVIER NAILING, Case No. 1:20-cv-00668-DAD-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

v. MOTION FOR SUMMARY JUDGMENT BE

GRANTED IN PART

K. BIGONI, et al., (ECF No. 39) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

16 I. INTRODUCTION Xavier Nailing (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff’s Fourteenth Amendment claim against defendant Bigoni, who Plaintiff alleges 21 falsely imprisoned Plaintiff beyond his sentence. (ECF No. 1, p. 3; ECF No. 9). This case is also proceeding on Plaintiff’s Fourteenth Amendment claim against defendant Moua, who Plaintiff alleges wrongly revoked Plaintiff’s Milestone Completion Credit. (Id.). On October 27, 2021, Defendants filed a motion for summary judgment, arguing that they are entitled to…