Walinga

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

11 MARK A GIBSON, JR., Case No. 1:21-cv-01298-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

v. RECOMMENDING THAT THIS ACTION

BE DISMISSED

A. WALINGA, et al., (ECF No. 10) Defendants. OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

ORDER DIRECTING CLERK TO ASSIGN

DISTRICT JUDGE Mark. A. Gibson, Jr. (“Plaintiff”), is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. Plaintiff filed the complaint commencing this action on August 26, 2021. (ECF No. 1). In his original complaint, brought what the Court construed as an Eighth Amendment cruel and unusual punishment claim, a Fourteenth Amendment equal protection clause claim, and an Americans with Disabilities Act claim based on defendant Walinga insulting Plaintiff after Plaintiff was called to the gym. On October 8, 2021, the Court screened Plaintiff’s complaint and found that…