Scally

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TONY EUGENE SCALLY, Case No.: 22cv0182-DMS-MDD

Plaintiff,

REPORT AND RECOMMENDATION

v. GRANTING IN PART AND

DENYING IN PART DEFENDANTS’

CORRECTIONAL OFFICERS A.

MOTION TO DISMISS

FLORES and E. VEGA, 15 Defendants. [ECF. No. 20] 16 Plaintiff Tony Eugene Scally is a state prisoner, proceeding pro se and informa pauperis (“IFP”) in a First Amendment retaliation claim against two correctional officers pursuant to 42 U.S.C. § 1983. Plaintiff challenges a prison disciplinary action that led to his conviction for possession of a deadly weapon as a result of an altered razor blade found in his cell on October 5, 2020. Defendants move to dismiss the claim pursuant to Federal Rules of Civil Procedure 12(b)(6). I. Procedural Background Plaintiff’s initial complaint filed on February 7, 2022 alleged numerous constitutional and state law claims against two correctional officers and Court dismissed that…