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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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

TO DISMISS

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

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