Stohl

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ARTHUR DEPONTE, Case No. 1:24-cv-00695-KES-HBK (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

PERMIT PLAINTIFF TO PROCEED ON

v. COGNIZABLE CLAIM AND DISMISS

REMAINING CLAIMS AND DEFENDANTS1

STOHL, et al., (Doc. No. 41) Defendants.

FOURTEEN-DAY OBJECTION PERIOD

16 Plaintiff David Arthur DePonte is a state prisoner proceeding pro se and in forma pauperis in this civil rights complaint under 42 U.S.C. § 1983. Plaintiff proceeds on his Second Amended Complaint filed July 31, 2024. (Doc. No. 41, “SAC”). As more fully set forth below, the undersigned finds the SAC states a cognizable First Amendment retaliation claim against Defendant Stohl but no other claims. Consequently, the undersigned recommends that Plaintiff be allowed to proceed only on this claim and the remaining claims and Defendants be dismissed. . SCREENING REQUIREMENT A plaintiff who commences an action while in prison is…