Swarthout

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID EDWARDS, No. 2:13-cv-02218 DJC DB P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 SWARTHOUT, Warden, 15 Defendant. 16

17 18 David Edwards, a state inmate now proceeding through counsel, brought this suit under 42 19 U.S.C. § 1983. In his sole remaining claim, plaintiff alleges defendant, Warden Gary Swarthout, 20 violated his constitutional rights by temporarily imposing restrictions on White inmates in July 21 2010 at California State Prison in Solano, California (“CSP-Solano”). The parties’ supplemental 22 briefs on defendant’s arguments for claim preclusion and qualified immunity are before the court. 23 (ECF Nos. 58, 61, 62.) 24 Defendant has not met his burden to show he is entitled to summary judgment on either 25 asserted supplemental ground. Even if the court applied the forfeited claim preclusion defense, 26 defendant fails to establish claim preclusion. In addition, defendant is not entitled to qualified 27 immunity from suit.…