(PC)Spencer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD B. SPENCER, Case No. 1:19-cv-01615-DAD-HBK Plaintiff, FINDINGS AND RECOMMENDATIONS TO

GRANT IN PART AND DENY IN PART

v. PLAINTIFF’S MOTION TO STRIKE

DEFENDANT’S AFFIRMATIVE DEFENSES1

C. CARLSON, (Doc. No. 33) Defendant.

FOURTEEN-DAY OBJECTION PERIOD

16 17 Plaintiff Edward B. Spencer, a state prisoner, is proceeding pro se and in forma pauperis on his First Amended Complaint stemming from events that allegedly occurred while Plaintiff was confined at the Californian Substance Abuse and Treatment Facility (“CSATF”). (Doc. No. 14). The First Amended Complaint asserts a First Amendment retaliation claim and a violation of California’s Bane Act against Defendant Carlson, a correctional officer at CSATF. Defendant filed an answer to the first amended complaint asserting eight affirmative defenses. (Doc. No. 31). Pending before the Court is Plaintiff’s motion to strike all eight of Defendant’s affirmative 25 …