Cook
(PC) Witkin v. Cook
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2:20-cv-2355 DAD DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS B. COOK, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants retaliated against him in violation of his First Amendment rights. Presently before the court is defendants’ fully briefed motion to dismiss. For the reasons set forth below, the undersigned will recommend that the motion to dismiss be denied. BACKGROUND I. Procedural History This action commenced with the filing of the original complaint. (ECF No. 1.) Upon screening the undersigned found that plaintiff had stated a potentially cognizable retaliation claim against defendants Cook and Doe but did not state any other potentially cognizable claims. (ECF No. 7.) Plaintiff was given the option to proceed immediately on his retaliation…