Thomas-Weisner

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 Jonquil THOMAS-WEISNER, Case No.: 19-cv-01999-JAH-BGS

Plaintiff,

REPORT & RECOMMENDATION

v. GRANTING DEFENDANTS’

MOTION TO DISMISS

Connie GIPSON, et al.,

PLAINTIFF’S SECOND AMENDED

Defendants. COMPLAINT 15 Jonquil Thomas-Weisner (“Plaintiff”), currently incarcerated at Centinela State Prison (“CEN”) located in Imperial, California, is proceeding pro se and in forma pauperis (“IFP”) in this civil rights action filed pursuant to 42 U.S.C. § 1983. (See ECF Nos. 1, 5.) In the Second Amended Complaint (“SAC”), Plaintiff alleged that Defendants violated the First Amendment’s Free Exercise Clause by removing him from his Religious Meal Alternative (“RMA”) diet. (See ECF No. 26.) Defendant Patrick Covello and Defendant Lance Eshelman (“Defendants”) moved to dismiss Plaintiff’s SAC on grounds that the conduct attributed to the Defendants is not sufficient to maintain a § 1983 lawsuit, (ECF No.…