Harrington

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL MURRAY, No. 2:21-cv-01936-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

HARRINGTON, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. ECF No. 1. This case proceeds on Fourteenth Amendment due process and equal protection claims against five defendants: Harrington, Cherinka, Avalos, Holmes, and Allison. ECF No. 8 at 3. The defendants’ have filed a motion for summary judgment, ECF No. 34, which the plaintiff has opposed. ECF Nos. 35 & 38. As explained below, defendants’ motion must be granted. I. The Complaint Plaintiff claims that defendants violated plaintiff’s rights under the Fourteenth Amendment’s Due Process and Equal Protection Clauses by denying plaintiff, a non-binary transgender inmate, a transfer to a female institution. Plaintiff claims that under state law the transfer should have been…