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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 YAKINI DEANDRE BYRD, Case No. 1:19-cv-01343-ADA-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DENY PLAINTIFF’S MOTION FOR

v. SUMMARY JUDGMENT AND GRANT

DEFENDANT’S CROSS-MOTION FOR

F. SERRANO, SUMMARY JUDGMENT1

Defendant. (Doc. Nos. 60, 64)

FOURTEEN-DAY OBJECTION PERIOD

17 18 19 Pending before the Court is Plaintiff’s motion for summary judgment filed October 5, 2021 (Doc. No. 60, “MSJ”) as supplemented on August 1, 2022 (Doc. No. 72) and Defendant’s cross-motion for summary judgment (“X-MSJ”) filed November 4, 2021. (Doc. No. 64). Oppositions and replies were filed to both motions. (Doc. Nos. 62, 65, 66, 67, 73). Plaintiff also filed a sur-reply to Defendant’s reply. (Doc. Nos. 69). For the reasons below, the undersigned recommends the district court deny Plaintiff’s MSJ and grant Defendant’s X-MSJ.

1 1 This matter was referred to the undersigned pursuant to 28 U.S.C. §…