Benavidez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELI’EZER RE’UEL BEN-BINYAMIN, No. 2:18-cv-1015-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. BENAVIDEZ, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. ECF No. 1. On screening, the court found that he had stated a cognizable First Amendment freedom of religion claim against defendants Akemon, Deal, Hampton, Hanley, O’Conner, Rackley, and Ramirez (ECF No. 8). Defendants have since filed a motion to dismiss (ECF No. 18), plaintiff has filed oppositions thereto (ECF Nos. 19 & 20), and defendants have filed a reply (ECF No. 27). Additionally, plaintiff has filed a motion for preliminary injunction (ECF No. 22) and defendants have filed an opposition to that motion (ECF No. 30). For the reasons stated hereafter, the court recommends that both motions be denied. Motion to Dismiss I. Legal Standards A…