Nakashyan

(PC) Tate v. Nakashyan

Good Law
United States District Court, Eastern District of CaliforniaApril 18, 20231:22-cv-00624California514 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEREK TATE, Case No.: 1:22-cv-00624 SKO (PC) Plaintiff,

FINDINGS AND RECOMMENDATIONS TO

v. DISMISS CERTAIN CLAIMS

DIANA NAKASHYAN, et al., 14-DAY OBJECTION DEADLINE

Defendants. Clerk of the Court to Assign District Judge 16 Plaintiff Derek Tate is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. I. RELEVANT PROCEDURAL BACKGROUND On March 28, 2023, this Court issued its First Screening Order. (Doc. 17.) The Court found Plaintiff’s complaint stated the following cognizable claims: First Amendment retaliation claims against Defendants Nakashyan and Custer, a Fourteenth Amendment substantive due process claim against Defendant Custer, and a Fifth Amendment Equal Protection claim against Defendant Nakashyan. (Id. at 6-10.) The Court further found Plaintiff’s complaint failed to state any other cognizable claim against any other…

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