Avila

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LARRY BRIAN PORTEOUS, Case No. 1:21-cv-00529-SAB (PC)

Plaintiff, ORDER DIRECTING CLERK OF COURT

TO RANDOMLY ASSIGN A DISTRICT

v. JUDGE TO THIS ACTION

R. AVILA, et al., FINDINGS AND RECOMMENDATION

REGARDING DEFENDANTS’ MOTION

Defendants. FOR SUMMARY JUDGMENT

(ECF Nos. 41, 44)

16 Plaintiff Larry Brian Porteous 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 November 30, 2022, re-filed on December 1, 2022, with the proper Rand-notice. (ECF Nos. 41, 44.) I. RELEVANT BACKGROUND This action proceeds against Defendant R. Avila for retaliation and against Defendants R. Avila and K. Welch for a due process violation. Defendants filed an answer to the complaint on September 20, 2021. (ECF No. 12.) The…