Herrera

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER ELLIOTT, No. 2:22-cv-1072 AC P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

G. HERRERA,

Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendant’s motion to dismiss plaintiff’s complaint. ECF No. 35. I. Background A. Procedural History By order filed April 14, 2023, the undersigned screened the complaint and found for purposes of service under 28 U.S.C. § 1915 that it stated First and Eighth Amendment claims against defendant Herrera for sexual harassment and retaliation for filing of grievances. ECF No. 14 at 5, 8. The complaint did not state any other cognizable claims. Id. at 8. Plaintiff was given the option of proceeding on the complaint as screened or amending the complaint. Id. Plaintiff opted to proceed on his cognizable claims against Herrera and voluntarily…