Lizarraga

(PS) Machado v. Lizarraga

Good Law
United States District Court, Eastern District of CaliforniaAugust 2, 20192:17-cv-02430California1,998 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUANITA MACHADO, No. 2:17-cv-02430-TLN-CKD PS Plaintiff, v. ORDER J.A. LIZARRAGO, Defendant. 16 Plaintiff is proceeding in this action pro se and in forma pauperis. This proceeding was referred to this court by Local Rule 302(c)(21). Background On October 18, 2018, the undersigned issued findings and recommendations recommending that defendant Lizarrago’s motion to dismiss plaintiff’s first amended complaint be granted. (ECF No. 33.) The findings and recommendations found that plaintiff did not sufficiently allege causation in her First Amendment claim because plaintiff offered nothing but conclusory statements concerning defendant Lizarraga’s knowledge of plaintiff’s participation in litigation, which plaintiff claims is the substantial or motivating factor behind defendant’s conduct. (Id. at 4–5.) Regarding plaintiff’s conspiracy claim, the undersigned found that plaintiff’s conclusory allegations that…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.