Pine

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKY RAY KEEL, Case No. 2:16-cv-01946-TLN-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION TO

v. DISMISS BE GRANTED PINE, et al., OBJECTIONS DUE WITHIN FOURTEEN

DAYS

Defendants. ECF No. 51 16 17 Plaintiff is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. He alleges that defendants Pine and Fleming violated his First Amendment rights by placing him in administrative segregation in retaliation for his filing a lawsuit against other correctional officers. Defendants move to dismiss, arguing that plaintiff’s claims are barred by the statute of limitations. I agree and recommend that defendants’ motion be granted. Legal Standard A complaint can be dismissed for “failure to state a claim upon which relief may be granted.” Fed. R. Civ. P. 12(b)(6). To survive a motion to dismiss for failure to…