Mercado

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DAVID WAYNE WILSON, Case No. 1:22-cv-00278-ADA-SAB (PC)

Plaintiff, FINDINGS AND RECOMMENDATION

RECOMMENDING PLAINTIFF’S MOTION

v. FOR CLASS CERTIFICATION BE DENIED

GABINO MERCADO, et al., (ECF No. 28) Defendants.

15 Plaintiff David Wayne Wilson is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion for class certification, August 31, 2022. I. BACKGROUND This action is proceeding on Plaintiff’s unconstitutional conditions of confinement claim against Defendants Mercado and Taylor and Plaintiff’s retaliation claim against Defendant Mercado. On August 30, 2022, the Court granted Defendants’ request to extend the time to file a responsive pleading which is currently due on or before December 5, 2022. (ECF No. 27.) As previously stated, Plaintiff seeks class…