(PC) Gosztyla v. French

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RICHARD GOSZTYLA, No. 2:21-cv-01403-TLN-EFB P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 FRENCH, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding without counsel in this action brought under 42 17 U.S.C. § 1983. Defendants seek dismissal of the case, arguing that plaintiff’s claim fails as a 18 matter of law. ECF No. 18. For the reasons that follow, the court finds that the motion must be 19 denied. 20 I. Plaintiff’s Allegations 21 In his complaint, plaintiff alleges: 22 On…