Morris

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PHILLIP MORRIS, Case No. 20-cv-04923-WHO

Plaintiff,

ORDER GRANTING

v. DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT

TODAN ASCENCIO, et al., Re: Dkt. No. 16 Defendants.

12 INTRODUCTION Plaintiff Phillip Morris alleges in his 42 U.S.C. § 1983 suit that San Quentin correctional officer Todan Ascencio filed a false disciplinary report against him in retaliation for filing lawsuits against prison staff, and that the officer who oversaw the resulting disciplinary hearing, Lieutenant Tracy Jackson, violated his due process right to a fair hearing. Defendants move for summary judgment. Summary judgment will be granted in favor of both defendants as to all claims. Morris has not shown a genuine dispute of material fact regarding his allegation that his due process rights were violated; the prisoner whom he was not permitted to call as a witness at his disciplinary hearing had died before the hearing. He also has not shown a…