Kalil
(PC) Lipsey v. Kalil
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER LIPSEY, JR., No. 2:17-cv-1429 TLN AC P Plaintiff, v. FINDINGS & RECOMMENDATIONS M. KALIL, et al. Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is Defendants’ motion to dismiss for failure to state a claim. ECF No. 38. Plaintiff opposes the motion, ECF No. 39, and Defendants have filed a reply, ECF No. 40. I. Plaintiff’s Allegations The First Amended Complaint alleges that between October 2016 and March 2017, Defendants Khalil and Hamad, both librarians, received at least six requests from Plaintiff seeking access to the law library, but they allowed other inmates to decide which inmates would be given access. ECF No. 16 at 3. The inmates deciding who to allow into the law library were Asian and Hispanic, and they only granted access to other Asians and Hispanics, resulting in Plaintiff being…