Gallegos

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

THOMAS LEE GLEASON, Case No. 1:19-cv-00539-LJO-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANT’S

v. MOTION TO DISMISS BE DENIED

G. PLACENCIA, (ECF NO. 34)

Defendant. FOURTEEN-DAY DEADLINE

16 I. BACKGROUND Thomas Gleason (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This case is proceeding on Plaintiff’s claims against defendant G. Placencia (“Defendant”) for excessive force in violation of the Eighth Amendment and retaliation in violation of the First Amendment. (ECF Nos. 10, 27, & 28). On December 17, 2019, Defendant filed a motion to dismiss Plaintiff’s retaliation claim. (ECF No. 34). On December 26, 2019, Plaintiff filed his opposition. (ECF No. 37). On December 31, 2019, Defendant filed his reply. (ECF No. 38). For the reasons that follow, the…