Amezcua

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KEVIN LAMAR PORTER, Case No. 1:23-cv-01491-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

v. CLAIMS

AMEZCUA, et al., (ECF No. 28)

Defendants. FOURTEEN (14) DAY DEADLINE 16 I. Procedural Background Plaintiff Kevin Lamar Porter (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On May 8, 2024, the Court screened the first amended complaint and issued findings and recommendations that this action proceed on cognizable claims against: (1) Defendant Amezcua for retaliation in violation of the First Amendment and a related state law claim for violation of the Bane Act; (2) Defendant Amezcua for excessive force in violation of the Eighth Amendment and related state law claims for battery and violation of the Bane Act for slamming Plaintiff on the ground; and (3) Defendants Amezcua, Chao,…