Huckleberry

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARQUISE LOUIS DRUMWRIGHT, Case No.: 1:22-cv-01410-JLT-SKO (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DENY DEFENDANT’S MOTION TO

v. DISMISS

C. HUCKLEBERRY, et al., (Doc. 22)

Defendants. 14-DAY OBJECTION PERIOD 16 Plaintiff Marquise Louis Drumwright is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Gomez for alleged violations of the First and Eighth Amendments. I. INTRODUCTION Defendant Gomez filed a motion to dismiss on December 11, 2023. (Doc. 22.) Plaintiff opposed (Doc. 25) and Defendant replied (Doc. 29). On April 2, 2024, the Court issued its Order Denying Plaintiff’s Request to File Sur- Reply. (Doc. 31.) II. THE BRIEFING Defendant Gomez’s Motion Defendant Gomez states Plaintiff failed to timely present his claims and his claims are barred by the applicable statute of…