The following excerpt is from Winston v. Martinez, CASE NO. 1:17-cv-00774-MJS (PC) (E.D. Cal. 2017):
In terms of the third prerequisite, filing a complaint or grievance is constitutionally protected. Valandingham v. Bojorquez, 866 F.2d 1135, 1138 (9th Cir. 1989).
With respect to the fourth prong, the correct inquiry is to determine whether an
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