Kinross

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEIRON M. ELIAS, No. 2:17-cv-02106-WBS-DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. KINROSS, et al.,

Defendants. 16 Defendants’ motion for summary judgment is before the court. (ECF No. 38.) For the reasons set forth, it is recommended the motion be granted. I. PROCEDURAL BACKGROUND On October 30, 2018, the court screened plaintiff's complaint pursuant to 28 U.S.C. § 1915A and found it stated cognizable claims under the Free Exercise Clause of the First Amendment and the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) based on the alleged confiscation of plaintiff’s bottled ink used for religious purposes. (ECF No. 11.) By order signed on April 2, 2019, the court ordered that this case proceed only on (1) a First Amendment free exercise claim against CO Kinross, Lt. Gilliam, and Lt. Appleberry, and (2) a claim under RLUIPA against Warden Fox. (ECF No. 23.) On…