Diaz

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, Case No. 2:20-cv-1890-DC-JDP (P) 12 Plaintiff, 13 v. ORDER; FINDINGS AND

RECOMMENDATIONS

14 RALPH DIAZ, et al.,

15 Defendants. 16 17 18 Plaintiff, a state prisoner, brought this case alleging that defendants violated (1) his First 19 Amendment rights to freedom of speech and to be free from retaliation for protected activity and 20 selective enforcement, (2) his Eighth Amendment rights by ignoring imminent threats to his 21 safety, and (3) unspecified constitutional rights by adhering to a “code of silence.” Plaintiff also 22 brings several state law claims against defendants, including negligence, assault, and intentional 23 infliction of emotional distress. Defendants have moved to dismiss the complaint, ECF No. 106. 24 Plaintiff has filed an opposition, ECF No. 108, and defendants have filed a reply, ECF No. 109. 25 After review of the pleadings, I recommend that defendants’ motion to dismiss be granted. I also 26 recommend that the…