Himes

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RODERICK HIMES, Case No.: 19cv2216-JAH-MSB

Plaintiff,

REPORT AND RECOMMENDATION

v. REGARDING DEFENDANT’S MOTION TO

DISMISS [ECF NO. 8]

FABRICE HADJADJ, Defendant. 16 This Report and Recommendation is submitted to the Honorable John A. Houston, United States District Judge, pursuant to 28 U.S.C. § 636(b)(1) and Civil Local Rule 72.1(c) of the United States District Court for the Southern District of California. On November 21, 2019, Plaintiff Roderick Himes, a prisoner1 incarcerated at R. J. Donovan State Prison (“Donovan”) proceeding pro se and in forma pauperis, filed a complaint (the “Complaint”) pursuant to 28 U.S.C. § 1343(a)(3) and 42 U.S.C. § 1983, alleging that Defendant Fabrice Hadjadj, a Jewish chaplain at Donovan, violated his First Amendment right to free exercise of his religion and his Fourteenth Amendment rights to equal

26 1 While Mr. Himes was a prisoner at the time he…