Thomas-Weisner

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Jonquil THOMAS-WEISNER, Case No.: 19-cv-01999-JAH-BGS

Plaintiff,

REPORT & RECOMMENDATION

v. GRANTING DEFENDANTS’

MOTION TO DISMISS

Connie GIPSON, et al.,

Defendants. [ECF No. 16] 16 Jonquil Thomas-Weisner (“Plaintiff”), currently incarcerated at Centinela State 17 Prison (“CEN”) located in Imperial, California, is proceeding pro se and in forma pauperis 18 (“IFP”) in this civil rights action filed pursuant to 42 U.S.C. § 1983. (See ECF No. 5.) In 19 the First Amended Complaint (“FAC”), Plaintiff alleged that Defendants violated the First 20 Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Protection of 21 Religious Clause by removing him from his Religious Meat Alternative (“RMA”) diet after 22 an alleged violation without providing an initial warning before removal. (ECF No. 15.) 23 Defendant Patrick Covello and Defendant Lance Eshelman (“Defendants”) moved to 24 dismiss Plaintiff’s First Amended…