Posada

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NATHAN PRESTON, No. 2:22-cv-02199-CKD P Plaintiff, v. ORDER AND ALMA POSADA, FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). I. Allegations in the Complaint Plaintiff is currently incarcerated at Salinas Valley State Prison. ECF No. 1 at 1. In the complaint, plaintiff alleges that he called the Employment Development Department (“EDD”) in October 2008 to apply for unemployment benefits. ECF No. 1 at 3. Defendant Posada answered plaintiff’s call and used a racial slur against him. ECF No. 1 at 7. Defendant told plaintiff he did not have a claim and hung up on him. ECF No. 1 at 7. Plaintiff alleges that he was denied unemployment benefits on the basis of his…