Virrey
(PC) Millare v. Virrey
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…