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. 24]

18 DeAngelo Lamar Gathrite (“Plaintiff”), a California prisoner proceeding pro se, 19 filed an amended complaint under 42 U.S.C. § 1983 on October 22, 2020 against officials 20 at the Richard J. Donovan Correctional Facility, Dr. Heather Wilson and Officers J. 21 Salinas and J. Trejo (collectively, “Defendants”). ECF No.18. Plaintiff alleges that 22 Defendants violated his First Amendment, Eighth Amendment, and Fourteenth 23 Amendment rights. Defendants move to dismiss Plaintiff’s First and Fourteenth 24 Amendment claims for failure to state a claim. For the following reasons, this Court 25 RECOMMENDS that Defendants’ motion to dismiss be GRANTED IN PART AND

DENIED IN PART.

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