Mnuchin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN CALDERON, No. 2:21-cv-0358 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

STEVEN MNUCHIN, 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 that he has not received an economic impact payment (“EIP”) pursuant to the Coronavirus Aid, Relief, and Economic Security Act (The “CARES Act”), Pub. L. No. 116-136, 134 Stat. 281 (2020), in violation of his rights under the Fourteenth Amendment’s Equal Protection Clause. 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 granted. BACKGROUND I. Procedural History Plaintiff initiated this action by filing the original complaint. (ECF No. 1.) Before the undersigned had an opportunity to screen the original…