(PC) Hearns v. Gonzales

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JAMAR R. HEARNS, 1:17-cv-00038-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANT

vs. GONZALES’S MOTION FOR SUMMARY

JUDGMENT BE DENIED

ROSA GONZALES, et al., (ECF No. 40.)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN (14) DAYS

18

20 I. BACKGROUND Jamar Hearns (“Plaintiff”) is a former prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with the First Amended Complaint filed by Plaintiff on February 9, 2018, against defendant Rosa Gonzales (“Defendant”) on Plaintiff’s claims for retaliation, violation of the Free Exercise Clause of the First Amendment, and violation of the Bane Act. (ECF No. 17.) 27 1 On April 16, 2018, the court issued an order dismissing all other claims and defendants from this action. (ECF No. 21.) On May 3, 2019, Defendant filed a motion…