Lopez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 Case No. 1:20-cv-01203-JLT-BAK (SKO) (PC) EDWARD B. SPENCER,

ORDER ADOPTING IN PART AND

Plaintiff, DECLINING TO ADOPT IN PART FINDINGS

AND RECOMMENDATIONS

v.

ORDER GRANTING PLAINTIFF’S MOTION

D. LOPEZ, TO STRIKE THIRD AFFIRMATIVE

DEFENSE

Defendant. (Doc. 48; Doc. 29; Doc. 31)

17 Edward B. Spencer is proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. In his complaint, Spencer asserts Lopez retaliated against Spencer for having filed of a grievance against Lopez at the correctional facility where Spencer is incarcerated, thereby violating his First Amendment rights. (Doc. 12 at 7.) Spencer also submitted a memorandum to the associate warden regarding apparent deficiencies with an ADA accessible shower in the facility. (Id.) After Spencer submitted the grievance and memorandum, he was transferred to an allegedly less desirable portion of the facility. (Id. at…