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 TO

DISMISS DEFENDANTS JOHN DOE 1–

v. AND JANE DOE 1–2 FROM ACTION

WITHOUT PREJUDICE

AMEZCUA, et al., (ECF No. 32) Defendants.

FOURTEEN (14) DAY DEADLINE

16 I. Procedural History 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. This action proceeds on Plaintiff’s first amended complaint 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; (3) Defendants Amezcua, Chao, and John Does 1–5 for excessive force in violation of the Eighth Amendment 25 …