Havard

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 HANK RICHARD CORONEL, Case No. 2:24-cv-3087-JDP (P) Plaintiff, v. ORDER; FINDINGS AND

RECOMMENDATIONS

HAVARD,

Defendant. 16 17 Plaintiff, a state inmate proceeding pro se, alleges in his first amended complaint that defendants Sergeant Havard, a correctional officer at California State Prison-Sacramento, and the California Department of Corrections, used excessive force against him in violation of the Eighth Amendment and violated his due process rights by filing a false disciplinary charge against him. ECF No. 10. I recommend that plaintiff’s first amended complaint be dismissed without prejudice because it is evident from the face of the complaint that plaintiff has not exhausted his administrative remedies. Screening and Pleading Requirements A federal court must screen the complaint of any claimant seeking permission to proceed in forma pauperis. See 28 U.S.C. § 1915(e). The court must…