Tileston

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONALD E. TINSLEY, No. 2:16-cv-1647 TLN AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ROBERT FOX, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion to partially dismiss the first amended complaint on the ground that some of the claims were not exhausted until after the original complaint was filed. ECF No. 40. Plaintiff opposes the motion. ECF No. 41. I. Plaintiff’s Allegations The first amended complaint alleges violations of plaintiff’s Fourth and Fourteenth Amendment rights by defendants Tileston and Hoppe as the result of orders to submit to urinalysis drug testing and the resulting series of rules violation reports (RVRs). ECF No. 22 at 2-12. The RVRs were issued based on positive test results and subsequent refusals to cooperate with testing. Id. //// //// …