Loterzstain

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 SHELDON RAY NEWSOME, No. 2:19-cv-0307-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. LOTERZSTAIN, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought under 42 U.S.C. § 1983. On December 19, 2019, the court determined that service of the complaint is appropriate for defendants Dirisu and Loterzstain, but not for defendant Austin. ECF No. 20. The court informed plaintiff he could proceed with his First Amendment retaliation claims against defendants Dirisu and Loterzstain and Eighth Amendment deliberate indifference claim against defendant Loterzstain or file an amended complaint within 30 days. Id. Plaintiff has elected to proceed only with the claims against defendants Dirisu and Loterzstain. See ECF No. 21. Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendant Austin be dismissed without prejudice. These…