Perkins v. Rivera

Summary

The United States Magistrate Judge recommends that the case proceed only on Plaintiff Gary Ronnell Perkins’s First Amendment retaliation claim against Defendant Rivera. The recommendation would dismiss all other claims and advises that objections may be filed within 30 days.

Holdings

1. The complaint sufficiently stated a First Amendment retaliation claim against Defendant Rivera, allowing that claim to proceed past screening.
2. All claims other than Plaintiff's First Amendment retaliation claim against Defendant Rivera should be dismissed, subject to adoption or modification by the assigned district judge.

Questions Presented

1. Whether Plaintiff's complaint stated a cognizable First Amendment retaliation claim under 42 U.S.C. § 1983.
2. Whether claims other than the cognizable First Amendment retaliation claim should be dismissed after Plaintiff elected to proceed only on that claim.

Disposition

other