Preston
(PC) Hoffman v. Preston
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 MARCELLAS HOFFMAN, Case No. 1:16-cv-01617-LJO-SAB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
GRANT DEFENDANT’S MOTION TO
v. DISMISS WITHOUT LEAVE TO AMEND TIMOTHY PRESTON, (ECF No. 47) Defendant. THIRTY (30) DAY DEADLINE 15 Plaintiff Marcellas Hoffman is a federal prisoner proceeding pro se and in forma pauperis in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Currently before the Court is Defendant Timothy Preston’s motion to dismiss, filed on July 18, 2019. (ECF No. 47.) I. INTRODUCTION Plaintiff initiated this action on October 27, 2016. (ECF No. 1.) On May 9, 2017, the Court screened Plaintiff’s complaint and found that Plaintiff alleged cognizable claims against Defendant Preston for retaliation in violation of the First Amendment and deliberate…