Gallegos

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

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

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS

v. (Doc. Nos. 34 & 40) G. PLACENCIA,

Defendant.

16 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. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. In his second amended complaint, plaintiff alleges as follows. (See Doc. No. 27 at 3.) On March 20, 2017, plaintiff was housed at Delano State Prison when the defendant, G. Palencia, a Correctional Officer, gave mail to an inmate to be distributed. (Id.) That inmate placed most mail addressed to black inmates in the trash. (Id.) Plaintiff retrieved three letters addressed to him from the trash and informed defendant of what had occurred. (Id.) Defendant’s initial response was dismissive, and when…