Restivo

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 DEVONTE B. HARRIS, Case No. 1:20-cv-00797-JLT-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

v. MOTION FOR SUMMARY JUDGMENT BE

GRANTED IN PART AND DENIED IN PART

A. RESTIVO, et al., (ECF No. 36) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

16 I. INTRODUCTION Devonte Harris (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff’s retaliation claims against defendants Levan and Restivo; his section 1983 malicious prosecution claims against defendants Levan and Restivo; and his Devereaux claims against defendants Levan, 22 Reynolds, and Restivo. (ECF Nos. 1 & 14). The retaliation and malicious prosecution claims are proceeding based on allegations that defendants Levan and Restivo falsely accused Plaintiff of indecent exposure in retaliation for filing appeals. As to the retaliation…