Khripach

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 12 WILLIAM ROUSER, Case No. 2:21-cv-00233-TLN-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT BE GRANTED D. KHRIPACH, ECF No. 36 Defendant. 18 19 Plaintiff brings this case alleging that, while plaintiff was incarcerated at California State Prison-Sacramento, defendant violated his equal protection rights by attempting to assign him a cellmate. ECF No. 11 at 4. Plaintiff is African American and alleges that defendant did not ask inmates of other races to accept cellmates. Id. Defendant now moves for summary judgment and argues that no reasonable trier of fact would find his request that plaintiff accept cellmates to be racially motivated. ECF No. 36. Plaintiff has filed an opposition, ECF No. 37, and defendant has filed a reply, ECF No. 39. After review of the pleadings, I recommend that defendant’s motion be granted. 28 1 …