Cisneros

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD MCKENZIE, Case No. 2:23-cv-2764-DAD-JDP (P) Plaintiff, v. FINDINGS AND RECOMMENDATIONS THERESA CISNEROS, et al., Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, alleges in his first amended complaint that defendant Gabino Mercado, a correctional officer, violated his First and Eighth Amendment rights by retaliating against him for filing grievances, by issuing false disciplinary reports, and by using the prison lighting system to prevent him from sleeping. ECF No. 9. Defendant moves to dismiss, ECF No. 23; plaintiff has filed an opposition, ECF Nos. 25 & 27; and defendant has filed a reply, ECF No. 26. I recommend that plaintiff’s amended complaint be dismissed without leave to amend.

1 Plaintiff has also named two other individuals as defendants. ECF No. 9 at 2. However, these defendants were dismissed by prior order, ECF No. 10, and plaintiff filed a notice 26 expressing his intent to move…