Gathrite

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DEANGELO LAMAR GATHRITE Case No.: 3:19-cv-01852-JAH-NLS

Plaintiff,

REPORT AND

v. RECOMMENDATION FOR ORDER

GRANTING IN PART AND

HEATHER WILSON, ET AL.,

DENYING IN PART DEFENDANTS’

Defendants. MOTION TO DISMISS

16 [ECF No. 10]

18 DeAngelo Lamar Gathrite (“Plaintiff”), a California prisoner proceeding pro se, 19 filed a complaint under 42 U.S.C. § 1983 on September 26, 2019 against officials at the 20 Richard J. Donovan Correctional Facility, Dr. Heather Wilson and Officers J. Salinas and 21 J. Trejo (collectively, “Defendants”). ECF No.1. Plaintiff alleges that Defendants 22 violated his First Amendment, Eighth Amendment, and Fourteenth Amendment rights. 23 Defendants move to dismiss Plaintiff’s First and Fourteenth Amendment claims for 24 failure to state a claim. For the following reasons, this Court RECOMMENDS that 25 Defendants’ motion to dismiss be GRANTED IN PART and DENIED IN PART. 26 // 27 // 28 I.…