Rhea

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON R. BRANNIGAN, Case No. 2:23-cv-0725-KJM-JDP (P) Plaintiff, v. ORDER RHEA, Defendant. 16 17 Plaintiff, a state prisoner, brought this action alleging that defendant Rhea and other unnamed officers deprived him of his personal property. I recommended that the action be dismissed, as plaintiff had failed to allege that he availed himself of the post deprivation remedy held out by California for such a loss. ECF No. 14. The district judge adopted in part, referring the matter back to me to consider whether an amended complaint might state a claim for retaliation. ECF No. 18. After moving to amend, ECF No. 20, plaintiff has filed a third amended complaint, ECF No. 21. The third amended complaint states a potentially cognizable First Amendment retaliation claim against defendant Rhea. It fails to state any other viable claim. Accordingly, plaintiff must decide whether to proceed only with this viable claim, or delay 27 …