Tate
(PC) Franklin v. Tate
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
JEFFREY FRANKLIN, ) Case No. 1:19-cv-01170-AWI-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS v. ) RECOMMENDING DEFENDANT’S MOTION
TO DISMISS BE GRANTED
) HAROLD TATE, et al., ) (ECF No. 40) Defendants. ) ) )
Plaintiff Jeffrey Franklin is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendant’s motion to dismiss, filed June 7, 2021. I. RELEVANT BACKGROUND This action is proceeding against Defendant Tate for retaliation and deliberate indifference to a serious medical need. Defendant filed an answer to the operative third amended complaint on May 12, 2020. (ECF No. 27.) On May 12, 2020, the Court issued the discovery and scheduling order. (ECF No 29.) On June 3, 2020, the Court identified this case as an…