Bess

INTRODUCTION

13 Plaintiff, a California prisoner proceeding without an attorney, filed this 42 U.S.C. § 1983 14 action against three officials at the Correctional Training Facility (“CTF”) in Soledad, California – 15 Lieutenant J. Barroso, Lieutenant J. Martinez, and R. Oviedo (“Defendants”). Following review 16 of the complaint under 28 U.S.C. § 1915A, five claims were dismissed and two remain: violations 17 of the First Amendment (retaliation) and the Bane Act. (ECF No. 7.) Defendants moved to 18 dismiss the First Amendment retaliation claim against Defendant Oviedo and the Bane Act claim 19 against all three Defendants under Rule 12(b)(6) of the Federal Rules of Civil Procedure for 20 failure to state a claim upon which relief may be granted. (ECF No. 14.) Plaintiff filed an 21 opposition, and Defendants filed a reply. (ECF Nos. 15, 16). 22 For the reasons discussed below, Defendants’ motion to dismiss is DENIED.

BACKGROUND

24 In 2022, Plaintiff filed a lawsuit against a CTF employee, Sergeant J. Peffley, who is not a 25 defendant in the instant case. See Bess v. Peffley, No. 22-cv-00341-JSC (PR). In this action, 26 Plaintiff alleges Defendants acted in…