Gadsden

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RONALD EARL GADSDEN, Case No.: 3:20-cv-02258-WQH-DEB

Plaintiff,

ORDER

v. JOHN GEHRIS, Deputy Sheriff; and MICHAEL MCGRATH, Deputy Sheriff, 15 Defendants. 16 HAYES, Judge: The matter before the Court is the Motion to Dismiss Plaintiff’s First Amended Complaint (ECF No. 30) filed by Defendant John Gehris. I. PROCEDURAL BACKGROUND On November 19, 2020, Plaintiff Ronald Earl Gadsden filed a civil rights Complaint under 42 U.S.C. § 1983, alleging that Defendants Gehris and Michael McGrath violated Plaintiff’s First Amendment rights by retaliating against him for requesting an Internal Affairs complaint form. (ECF No. 1). On February 19, 2021, Defendant Gehris filed a motion to dismiss Plaintiff’s Complaint for failure to state a claim. (ECF No. 4). On August 3, 2021, the Magistrate Judge issued a Report and Recommendation (“R&R”), recommending that the Court grant Defendant Gehris’ motion to dismiss. (ECF No. 23). On September 2,…