Fernandez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN ROBERT GALLEGOS, No. 2:24-cv-2526 DJC CKD P Plaintiff, v. ORDER AND R. FERNANDEZ, et al., FINDINGS AND RECOMMENDATIONS Defendants.

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

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