Diaz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 JOHN E. MITCHELL, Case No. 1:22-cv-00006-JLT-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING THAT DEFENDANTS’

v. MOTION TO DISMISS BE GRANTED

T. RODRIGUEZ, (ECF No. 38)

Defendant. OBJECTIONS, IF ANY, DUE WITHIN

FOURTEEN DAYS

14 15 John Mitchell (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action. This case is proceeding on Plaintiff’s First Amendment Free Exercise claim against defendant Rodriguez based on Plaintiff’s allegations that defendant Rodriguez deprived Plaintiff of his silver chain and medallion without a legitimate penological purpose. (ECF Nos. 24, 27, & 29). On January 26, 2023, defendant Rodriguez filed a motion to dismiss. (ECF No. 38). Defendant Rodriguez moves “to dismiss Plaintiff’s claims for damages in his operative amended complaint against Defendant in his official capacity on the grounds that Plaintiff’s official-capacity claims for damages are barred under the…