(PC) Wells v. Gonzales

Good Law
United States District Court, Eastern District of CaliforniaSeptember 21, 20201:17-cv-01240California2,443 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK WELLS, No. 1:17-cv-01240-DAD-EPG (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, IN PART, AND

ROSA GONZALES, GRANTING DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT, IN PART

Defendant. (Doc. Nos. 58, 75, 92) 16 Plaintiff Frank Wells is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought 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. This case proceeds against defendant on plaintiff’s First Amendment free exercise claim, Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”) claim, First Amendment retaliation claim, Fourth Amendment unreasonable search claim, and claim under California Civil Code § 52.1 (the “Bane Act”). (Doc. Nos. 1, 8, 10.) On May 14, 2020, the assigned magistrate judge issued findings and recommendations 25 …

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