Clawson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTOINE LAMAR BAILEY, No. 2:22-cv-1670 WBS DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. CLASON, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendants violated his rights under the Eighth Amendment. Presently before the court is defendants’ fully briefed motion to dismiss. For the reasons set forth below, the undersigned will recommend that the motion be denied. BACKGROUND I. Procedural History Plaintiff initiated this action with the filing of the complaint. (ECF No. 1.) The undersigned screened the complaint and determined it stated cognizable excessive force and failure to protect claims but failed to state cognizable retaliation and equal protection claims. (ECF No. 7.) Plaintiff was given the option to proceed with the complaint as screened or to file 27 …