Ebert

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN ROBERT GALLEGOS, Case No. 2:24-cv-1676-DJC-JDP (P) Plaintiff, v. FINDINGS AND RECOMMENDATIONS B. EBERT, Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, alleges that defendant Ebert retaliated against him in violation of the First Amendment. Pending before the court is defendant’s motion to dismiss. ECF No. 27. Plaintiff filed an opposition, ECF No. 29, defendant filed a reply, ECF No. 31, and plaintiff filed a sur-reply, ECF No. 32, which the court has considered. I recommend that defendant’s motion to dismiss be denied. Allegations Plaintiff brings a single First Amendment retaliation claim against defendant Ebert, the Litigation Coordinator for California Medical Facility (“CMF”). ECF No. 1. Plaintiff was housed at CMF in February 2024 and alleges that during that time, he was litigating, pro se, the guilt phase of his criminal case. Id. at 4. The criminal…