Ortiz
(PC) Marquez v. Ortiz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN MARQUEZ, No. 1:23-cv-01782-KES-EPG (PC) Plaintiff, ORDER ADOPTING IN PART FINDINGS
AND RECOMMENDATIONS
v. (Doc. 12) ORTIZ, et al., Defendants. 16 Plaintiff Jonathan Marquez is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 22, 2024, the assigned magistrate judge screened plaintiff’s amended complaint and issued findings and recommendations recommending that this action be dismissed for failure to state a claim. Doc. 12. Specifically, the magistrate judge found that plaintiff failed to state a claim for excessive force under the Eighth Amendment, failed to state a claim for retaliation under the First Amendment, and failed to state a claim for violation of procedural due process. The findings and recommendations were…