Allison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RAFAEL SALAS, Case No. 1:21-cv-00669-DAD-EPG (PC)

10 Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT DEFENDANTS’ v. MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE

C. PFEIFFER, et al., 12(b)(1) BE GRANTED IN PART AND DENIED

IN PART

Defendants. (ECF No. 36)

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

17 I. INTRODUCTION Rafael Salas (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action. This case proceeds on Plaintiff’s Fourteenth Amendment due process claim against defendants Thomas, Cortez, and Pfeiffer; Plaintiff’s First Amendment Free Exercise Claim against defendants Thomas, Cortez, and Pfeiffer; and Plaintiff’s Religious Land Use and Institutionalized Persons Act (“RLUIPA”) claim against defendants Thomas, Cortez, and Pfeiffer in their official capacities. (ECF Nos. 1, 20, & 28). The core of Plaintiff’s complaint is…