Richey

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE AVERY, No. 2:21-cv-01229-EFB P Plaintiff, v. ORDER AND FINDINGS AND

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CHARLES RICHEY, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. Defendant seeks dismissal of the case, arguing that a settlement agreed to by plaintiff in a prior action bars this action, that plaintiff’s request for injunctive relief is barred by the applicable statute of limitations, and that the doctrine of qualified immunity bars plaintiff’s damages claims. For the reasons that follow, the court finds that the motion should be denied. I. Background Plaintiff is incarcerated at R.J. Donovan Correctional Facility. ECF No. 1 at 7. He sues Charles Richey, an employee of the California Department of Corrections and Rehabilitation (“CDCR”) Division of Adult Institutions Religious Oversight Unit, and Kathleen Allison, the director of…