Swetalla

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CION PERALTA, Case No. 1:18-cv-01023-DAD-EPG Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING THAT DEFENDANT’S

v. MOTION FOR AN ORDER REVOKING

PLAINTIFF’S IN FORMA PAUPERIS STATUS

J. SWETALLA, et al.,

BE DENIED

Defendants. (ECF NO. 15)

18 On July 30, 2018, Plaintiff commenced this action by filing a Complaint against J. Swetalla, L. Machado, V. Powers, J. Sebok, and Xavier Cano (collectively, “Defendants”). (ECF No. 1.) Plaintiff brings claims under the First, Eighth, and Fourteenth Amendments of the U.S. Constitution, as well as the Prison Rape Elimination Act and various portions of state law. Plaintiff paid the filing fee at the time he filed suit. The Court screened the Complaint and ultimately recommended that this action proceed on Plaintiff’s claims against Defendant Swetalla for sexual assault and excessive force in violation of the Eighth Amendment, retaliation in violation of the First…