Legal Opinion

(PC) Witkin v. Cook

District Court, E.D. California

Decided April 4, 2023No. 2:20-cv-02355Unknown

1Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL WITKIN, No. 2:20-cv-2355 DAD DB P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 B. COOK, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff claims defendants retaliated against him in violation of his First 19 Amendment rights. Presently before the court is defendants’ fully briefed motion to dismiss. For 20 the reasons set forth below, the undersigned will recommend that the motion to dismiss…

2Cases cited21 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Haines v. KernerSupreme Court of the United States · 1972
  5. Gilbert B. Martinez v. Eddie Ylst, Superintendent, California Medical Facility SouthCourt of Appeals for the Ninth Circuit · 1991

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