Diaz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

KORY T. O’BRIEN, ) Case No.: 1:21-cv-0856 JLT SAB (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, DENYING PLAINTIFF’S v. ) MOTION TO SUPPRESS DEPOSITION AND

MOTION FOR SUMMARY JUDGMENT, AND

RITA DIAZ, et al., ) GRANTING DEFENDANTS’ MOTION FOR ) SUMMARY JUDGMENT Defendants. ) ) (Docs. 40, 41, 51) )

Kory O’Brien seeks to hold the defendants liable for retaliation in violation of the First Amendment pursuant to 42 U.S.C. § 1983. (See Docs. 10, 13.) The assigned magistrate judge found Plaintiff failed to establish his retaliation claim against Defendants based on the filing of a counseling chrono rules violation report. Therefore, the magistrate judge recommended Defendants’ motion for summary judgment be granted, Plaintiff’s motion to suppress his deposition and cross-motion for summary judgment be denied. (Doc. 51) The Court served the Findings and…