(PC) Millare v. Murphy

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MORIANO MILLARE, No. 2:20-cv-451-WBS-JDP-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 C. JACKSON, et al., 15 Defendants. 16 17 Plaintiff, proceeding without counsel under section 1983,alleges violations of his rights 18 under the Americans with Disabilities Act (“ADA”) and the Equal Protection Clause of the 19 Fourteenth Amendment. ECF No. 1. Defendants havefiled a motion to dismiss,ECF No. 14, 20 arguingthat plaintiff has failed to state a claim. Plaintiff has filed an opposition, ECF No. 15,and 21 defendants have replied, ECF No. 16. I recommendthat defendants’ motion be granted. 22 Background 23 Plaintiff alleges that, in October of 2018 and while incarcerated at the Deuel Vocational 24 Institution, he was restricted—for unspecified medical reasons—to “lower bunk housing.” ECF 25 No. 1 at 12. He claims that, on October 23, 2018, he returned from breakfast to find that 26 correctional officers had “trashed”…