Fry

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OTIS MICHAEL THOMAS, No. 2:19-cv-1041 KJM CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J.C. FRY, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se with a civil action. The claims that remain are a claim for damages under 42 U.S.C. § 1983 and the Equal Protection Clause of the Fourteenth Amendment against former California Department of Corrections and Rehabilitation (CDCR) Secretary Ralph Diaz, and a claim for injunctive relief arising under the Equal Protection Clause against current CDCR Secretary Jeff Macomber. Plaintiff’s motion for a preliminary injunction is before the court. In his second amended complaint, plaintiff alleges that his access to products containing high amounts of real sugar, such as sugar itself, syrup, honey, jelly, and certain types of candy, is prohibited under CDCR regulations. It appears that plaintiff cannot purchase those items in the commissary at his…