Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No. 2:20-cv-1890-DC-JDP (P) Plaintiff, v. ORDER; FINDINGS AND

RECOMMENDATIONS

RALPH DIAZ, et al.,

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