Gutierrez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LY TRI, Case No.: 1:22-cv-00836-KES-SKO (PC) Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS TO GRANT

DEFENDANT MCNUTT’S MOTION TO

C. GUTIERREZ, et al., DISMISS

Defendants. Docs. 16,

18 Plaintiff Ly Tri is proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff commenced this action on July 8, 2022. Doc. 1. After the assigned magistrate judge screened the complaint and ordered service of process, the action proceeded on plaintiff’s First Amendment retaliation claim against defendant D. Gutierrez and Fourteenth Amendment due process claim against defendant McNutt (“McNutt”). Docs. 9, 10. On July 26, 2023, McNutt filed a motion to dismiss. Doc. 16. The motion to dismiss is fully briefed. Doc. 27 (“Opp’n”); Doc. 29…