Holestine

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 ERNEST KELLY HOLESTINE, Case No.: 18-CV-2094-AJB(WVG)

Plaintiff,

REPORT AND

v. RECOMMENDATION ON

DEFENDANTS’ MOTION TO

R.J. DONOVAN CORRECTIONAL

DISMISS AND MOTION TO STRIKE

FACILITY et al., AND PLAINTIFF’S MOTION FOR Defendants. LEAVE TO AMEND

[Doc. Nos. 49, and 52]

20 This action arises under 42 U.S.C. § 1983. Plaintiff Ernest Kelly Holestine, an 21 inmate proceeding pro se and in forma pauperis, filed a Complaint claiming that RJ 22 Donovan Correctional Facility (“Donovan” or “Facility”) violated his civil rights. The 23 Facility allegedly denied Plaintiff the opportunity to participate in various academic, work, 24 and credit-earning services and programs due to discrimination against Plaintiff’s mental 25 26 27 28 disability and placement in the R.J. Donovan Correctional Facility Enhanced Outpatient Program (“EOP”).1 For the reasons set forth herein, the…