(PC) Gann v. Valley State Prison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

NATHANIEL MARCUS GANN, 1:19-cv-01797-DAD-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

vs. MOTION FOR SUMMARY JUDGMENT FOR

FAILURE TO EXHAUST REMEDIES BE

VALLEY STATE PRISON, et al., GRANTED (ECF No. 49.) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

18 I. BACKGROUND Plaintiff Nathaniel Marcus Gann is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint filed on February 7, 2020, against Defendants Warden Raythel Fisher, Jr., Dining Hall Officer Paez, and Culinary Staff Members Anguiano, Chapas, Lucero, Marquez, Cruz, and Moosebaur for violation of RLUIPA, violation of the First Amendment Free Exercise Clause, and adverse conditions of confinement in violation of the Eighth Amendment; against…