Hawkins

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 JEFF HAWKINS, Case No.: 21-cv-01328-JO-JLB

PFN #AQE810,

REPORT AND

Plaintiff, RECOMMENDATION GRANTING v.

DEFENDANTS’ MOTION TO

DISMISS

MARCUS POLLARD, Warden; B.D. 16 PHILLIPS, Associate Warden; D. LEWIS, [ECF No. 17] Associate Warden; GARCIA, Facility

Captain, 18 Defendants. 19 20 21 22 This Report and Recommendation is submitted to United States District Judge Jinsook Ohta pursuant to 28 U.S.C. § 636(b) and Civil Local Rule 72.3 of the Local Rules of Practice for the United States District Court for the Southern District of California. On July 23, 2021, Plaintiff Jeff Hawkins (“Plaintiff”), a state prisoner proceeding pro se and in forma pauperis, filed his Complaint pursuant to 42 U.S.C. § 1983 against Warden Marcus Pollard, Associate Wardens B.D. Phillips and D. Lewis, and Facility Captain Garcia (collectively, “Defendants”). (ECF No. 1.) Now pending before the Court and ready for decision is Defendants’ Motion to Dismiss. …