(PC) Good v. California State Prison - Solano

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 RAVON GOOD, Case No. 2:21-cv-01653-TLN-JDP (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS Y. GUMATAOTAO, Defendant. 15 Plaintiff is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. Plaintiff alleges that defendant Y. Gumataotao, a mailroom staff member at California State Prison-Solano, violated his First Amendment rights by unjustifiably seizing his incoming mail, which included sixty postage stamps. Defendant moves to dismiss on three grounds: plaintiff failed to exhaust his administrative remedies prior to filing suit, plaintiff failed to affirmatively allege that he followed the prison procedure for the return of confiscated property, and defendant is entitled to qualified immunity. ECF No. 24. I recommend that defendant’s motion to dismiss be denied. Standards A motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil…