Pohovich

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FREDRICK S. CATO, No. 2:23-cv-1903 CKD P Plaintiff, v. ORDER S. POHOVICH, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. Both parties have consented to magistrate judge jurisdiction, see 42 U.S.C. § 636. This action proceeds on the following claims: 1. Claim 1, use of excessive force in violation of the Eighth Amendment against defendants Pohovich, Best, Georgette, and Cary with respect to an incident occurring on August 24, 2022; and 2. Claim 2, a violation of the First Amendment in retaliation for protected conduct against defendants Georgette and Best. Defendants Georgette and Best move to dismiss Claim 2 under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted. To avoid dismissal for failure to state a claim, a complaint must contain…