(PC) Millare v. Murphy

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MORIANO MILLARE, No. 2:20-cv-451-WBS-JDP-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS C. JACKSON, et al., Defendants. 16 Plaintiff, proceeding without counsel under section 1983,alleges violations of his rights under the Americans with Disabilities Act (“ADA”) and the Equal Protection Clause of the Fourteenth Amendment. ECF No. 1. Defendants havefiled a motion to dismiss,ECF No. 14, arguingthat plaintiff has failed to state a claim. Plaintiff has filed an opposition, ECF No. 15,and defendants have replied, ECF No. 16. I recommendthat defendants’ motion be granted. Background Plaintiff alleges that, in October of 2018 and while incarcerated at the Deuel Vocational Institution, he was restricted—for unspecified medical reasons—to “lower bunk housing.” ECF No. 1 at 12. He claims that, on October 23, 2018, he returned from breakfast to find that correctional officers had “trashed”…