Rios

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIGUEL MARTINEZ, No. 2:17-CV-2445-JAM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS C. RIOS, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants’ unopposed motion to dismiss (ECF No. 15). 20 I. PLAINTIFF’S ALLEGATIONS Plaintiff Miguel Martinez is currently a prisoner at High Desert State Prison (HDSP) in Susanville, California. See ECF No. 1, pg. 1. Plaintiff names the following as defendants: (1) C. Rios; (2) R. Cisneros; and (3) Lt. Davidge. Id. Plaintiff claims that these defendants conspired to have him erroneously classified as a member of the street gang known as “Salinas East Market St.” Id. at 3-4. Plaintiff contends that this misconduct resulted in violations of his First and Fourteenth Amendment rights. Id. /// In May of 2016, Corrections…