Torres

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRANKLIN BARRIOS, Case No. 1:20-cv-01234-NODJ-CDB (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANTS’ MOTION TO

v. DISMISS AND TO DENY PLAINTIFF’S

MOTION FOR LEAVE TO FILE AN

TORRES, et al., AMENDED COMPLAINT

Defendants. (Docs. 33 & 40)

14-DAY OBJECTION PERIOD

17 Franklin Barrios is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on a First Amendment access to courts claim against Defendant Torres in her individual capacity, and a First Amendment access to courts claim against Defendant Diaz in his official capacity. I. INTRODUCTION Following service of process of the first amended complaint, Defendants Diaz and Torres filed a Motion to Dismiss Plaintiff’s First Amended Complaint on June 29, 2023. (Doc. 33.) On September 29, 2023, Plaintiff filed an opposition to…