Sutton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PETER GERARD WAHL, Case No. 1:16-cv-01576-LJO-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DEFENDANT’S MOTION TO

v. DISMISS SUTTON, (ECF No. 41) Defendant. FOURTEEN (14) DAY DEADLINE 16 Findings and Recommendations I. Introduction Plaintiff Peter Gerard Wahl (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s third amended complaint against Defendant Sutton (“Defendant”) for deliberate indifference resulting from excessive custody, in violation of the Eighth Amendment. On April 16, 2018, the Court dismissed this action for failure to state a claim. (ECF Nos. 25, 26.) Plaintiff appealed. On August 21, 2018, the Ninth Circuit affirmed in part, reversed in part, and remanded the action for further proceedings. The Ninth Circuit…