Diaz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

KORY T. O’BRIEN, Case No. 1:21-cv-0856-JLT-SAB (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING PARTIES’ MOTIONS FOR

v. SUMMARY JUDGMENT

RITA DIAZ, et al., (ECF Nos. 40, 41) Defendants.

15 Plaintiff Kory T. O’Brien is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendants’ motion for summary judgment filed on September 16, 2022, and Plaintiff’s motion for summary judgment filed on September 27, 2022. (ECF Nos. 40, 41.) I. RELEVANT BACKGROUND This action is proceeding against R. Diaz and J. Moore for retaliation in violation of the First Amendment. On November 9, 2021, Defendants filed an answer to the complaint. On November 17, 2021, the Court issued the discovery and scheduling order. As previously stated, on September 16, 2022, Defendants filed a motion…