Crivello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN F. ELLIS, No. 2:24-cv-00752 DAD SCR P 12 Plaintiff, 13 v. FINDINGS & RECOMMENDATIONS 14 S. CRIVELLO, et al., 15 Defendants. 16 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 19 action under 42 U.S.C. § 1983. Defendant Crivello has filed a motion to dismiss plaintiff’s 20 official capacity retaliation claim under Federal Rule of Civil Procedure 12(b)(6). ECF No. 22. 21 For the reasons described below, the undersigned recommends that defendant’s motion be 22 granted, and that the case proceed solely on plaintiff’s retaliation claim against Crivello in his 23 individual capacity. 24 PROCEDURAL BACKGROUND 25 Plaintiff is incarcerated at the California Health Care Facility and proceeding on his 26 complaint filed March 11, 2024. ECF No. 1. Plaintiff identified four correctional officers as 27 defendants, including defendant Crivello, and sued them in their individual and official…