Clays

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK MCBOUNDS, No. 2:19-cv-2208 KJM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

D. CLAYS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se. This action proceeds on plaintiff’s complaint against defendants Junes, Clays, Vina and Farran for alleged First and Fourteenth Amendment violations. Before the court is defendants’ fully-briefed motion to dismiss plaintiff’s First Amendment retaliation claim and Fourteenth Amendment denial of a property interest claim against any defendant. As set forth below, the undersigned recommends that the motion to dismiss be granted, and this action proceed solely as to plaintiff’s Fourteenth Amendment liberty interest claims. I. Plaintiff’s Complaint Plaintiff, an African American, alleges that while he was housed at Mule Creek State Prison (“MCSP”), defendants Junes, Clays, Vina and Farran retaliated against plaintiff for his refusal to…