Thomas

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL AARON WITKIN, No. 2:22-cv-01310 DJC SCR P 12 Plaintiff, 13 v. ORDER AND FINDINGS &

RECOMMENDATIONS

14 R. THOMAS, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se with a civil rights action under 42 18 U.S.C. § 1983. Before the undersigned is defendants’ motion to dismiss pursuant to Federal Rule 19 of Civil Procedure 12(b)(6). For the reasons set forth below, the undersigned recommends that 20 defendants’ motion be granted in part and denied in part as follows: (1) granted as to defendants’ 21 motion to dismiss plaintiff’s First Amendment retaliation claim; and (2) denied as to defendants’ 22 motion to dismiss plaintiff’s Eighth Amendment claim on qualified immunity grounds. 23 PROCEDURAL BACKGROUND 24 I. Plaintiff’s Complaint 25 The action proceeds on plaintiff’s complaint filed on July 25, 2022. (ECF No.1.) Plaintiff 26 alleges he was transferred to Deuel Vocational Institution…