Fernandez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN ROBERT GALLEGOS, No. 2:24-cv-2526 DJC CKD P 12 Plaintiff, 13 v. ORDER AND 14 R. FERNANDEZ, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16

17 18 Plaintiff is a state prisoner housed at California State Prison, Sacramento (CSP-Sac) 19 proceeding pro se. This action proceeds on a claim for injunctive relief against defendant 20 California Department of Corrections and Rehabilitation (CDCR) and a claim for damages 21 against defendant Sgt. Brinton.1 Both claims concern the denial of plaintiff’s First Amendment 22 right to intimate association based upon plaintiff being denied visitation with his wife. 23 Defendants have filed a motion to dismiss. The plaintiff has filed an opposition to the motion as 24 well as a sur-reply. As sur-replies are not permitted under Local Rule 230(l), and plaintiff did not 25 obtain leave to file a sur-reply, the sur-reply will be stricken. 26 ///// 27

28 1 Sgt. Brinton is referred to as Sgt. “Britton” in…