O'Brien

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KORY T. O’BRIEN, Case No.: 19CV1496 BAS (BGS)

Plaintiff,

REPORT AND

v. RECOMMENDATION TO GRANT

DEFENDANTS’ MOTION TO

G. MURPHY, et al.,

DISMISS

Defendants. [ECF 14] 17 18 Defendants P. Covello, G. Murphy, J. Stewart, R. Martin, T. Ramos, and L. Eshelman have filed a Motion to Dismiss Plaintiff Kory T. O’Brien’s Complaint brought under 42 U.S.C. § 1983. (ECF 14.) Plaintiff was an inmate at Richard J. Donovan Correctional Facility (“RJD”) at the time1 the events alleged in the Complaint occurred. (Compl. [ECF 1] at 1.2) Plaintiff claims Defendants have enacted a policy that discriminates against “working class” inmates in violation of the Equal Protection Clause

26 1 Plaintiff has since been transferred to Valley State Prison. (ECF 17 (Notice of Change of Address).) 28 of the Fourteenth Amendment. (Id. at 4-5.) Defendants move to dismiss, arguing the…