Kaur

(PC) Spence v. Kaur

Good Law
United States District Court, Eastern District of CaliforniaDecember 20, 20192:16-cv-01828California4,310 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD SPENCE, No. 2:16-cv-1828 TLN KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

G. KAUR, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. This action proceeds on plaintiff’s second amended complaint in which he claims that while he was housed at California State Prison- Solano, defendant Kaur, Sr. Librarian, retaliated against plaintiff for filing a form 22 against her, by issuing a 128-B and then a CDC-115 (“RVR”) on the same allegedly false charges. Plaintiff’s motion for leave to file a third amended complaint is now before the court. As discussed below, it is recommended that plaintiff’s motion to amend be partially granted. I. Background Plaintiff’s original complaint was filed on July 22, 2016. On April 27, 2017, plaintiff filed an amended complaint as of right. (ECF No. 19.) On June 20, 2017, plaintiff’s amended complaint was dismissed with leave to amend. …

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