(PC) Holston v. Viera Rosa
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THERON KENNETH HOLSTON, No. 2:20-cv-01076-KJM-CKD P Plaintiff, v. ORDER AND G. VIERA ROSA, FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a state parolee proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action is proceeding on plaintiff’s first amended complaint challenging 36 special conditions of his parole imposed on December 19, 2019 by defendant Rosa. Currently pending before the court are cross-motions for summary judgment which have been fully briefed by the parties. ECF Nos. 67, 83, 86, 101, 103, 108. For the reasons explained in further detail below, the undersigned recommends granting defendant’s motion for summary judgment and denying plaintiff’s cross motion for summary judgment as moot. I. Ancillary Motions Before the court can address the pending dispositive motions, the court must first resolve the myriad of…