Harrington

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL MURRAY, No. 2:21-cv-01936-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 HARRINGTON, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. ECF No. 1. This case proceeds on Fourteenth Amendment due process and equal 19 protection claims against five defendants: Harrington, Cherinka, Avalos, Holmes, and Allison. 20 ECF No. 8 at 3. The defendants’ have filed a motion for summary judgment, ECF No. 34, which 21 the plaintiff has opposed. ECF Nos. 35 & 38. As explained below, defendants’ motion must be 22 granted. 23 I. The Complaint 24 Plaintiff claims that defendants violated plaintiff’s rights under the Fourteenth 25 Amendment’s Due Process and Equal Protection Clauses by denying plaintiff, a non-binary 26 transgender inmate, a transfer to a female institution. Plaintiff claims that under state law the 27 transfer should have been…