Soto

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UNITED STATES DISTRICT COURT

7 8 EASTERN DISTRICT OF CALIFORNIA 9 CHRISTOPHER J. MILLER, Case No. 1:20-cv-01117-AWI-SAB (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS 11 REGARDING CROSS-MOTIONS FOR v. SUMMARY JUDGMENT 12 SERGEANT M. SOTO, (ECF Nos. 51, 71, 72) 13 Defendant. 14

15 16 Plaintiff Christopher J. Miller is proceeding pro se and in forma pauperis in this civil 17 rights action filed pursuant to 42 U.S.C. § 1983. 18 Currently before the Court is Defendant Soto’s motion for summary judgment, filed on 19 June 9, 2022, and Plaintiff’s motion for summary judgment on October 6, 2022. 20 I. 21 RELEVANT BACKGROUND 22 This action is proceeding against Defendant Soto for retaliation in violation of the First 23 Amendment. 24 Defendant filed an answer to the complaint on March 29, 2021. After an unsuccessful 25 settlement conference, the Court issued the discovery and scheduling order on June 2, 2021. 26 On June 9, 2022, Defendant a motion for summary judgment. (ECF No.…