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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 RONDEL DELBERT GARDNER, ) Case No.: 1:20-cv-00240-NONE-SAB (PC) ) 12 Plaintiff, ) ) FINDINGS AND RECOMMENDATION 13 v. ) REGARDING DEFENDANTS’ MOTION

TO DISMISS

14 GAVIN NEWSOM, et.al., ) ) (ECF No. 51) 15 Defendants. ) ) 16 )

17 Plaintiff Rondel Delbert Gardner is proceeding pro se and in forma pauperis in this civil rights 18 action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge 19 pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 Currently before the Court is Defendants’ motion to dismiss, filed August 27, 2020. 21 I. 22 RELEVANT BACKGROUND 23 This action is proceeding against the California Department of Corrections and Rehabilitation 24 and California State Prison, Corcoran for violations of the Americans with Disabilities Act and Due 25 Process Clause under the Fourteenth Amendment of the United…