Virrey

(PC) Millare v. Virrey

Good Law
United States District Court, Eastern District of CaliforniaJanuary 14, 20222:20-cv-01297California4,065 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MORIANO MILLARE, Case No. 2:20-cv-01297-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION TO

v. DISMISS BE: M. VIRREY, et al., (1) DENIED WITH RESPECT TO

PLAINTIFF’S FIRST AMENDMENT

Defendants. CLAIMS; AND (2) GRANTED WITH RESPECT TO

PLAINTIFF’S RLUIPA CLAIMS.

17 ECF No. 21

OBJECTIONS DUE IN FOURTEEN DAYS

20 Plaintiff is a Muslim state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. In his first amended complaint, he alleges that defendant M. Muslim wrongfully terminated him from the prison’s Religious Diet Program. He alleges that defendants Muslim and Virrey refused to let him back into to the program even though they knew that his termination had been a mistake. Consequently, plaintiff was deprived of access to a 26 1 I previously screened the amended complaint and notified…

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