(PC) Howard v. Brown, Jr.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MICHAEL ANTHONY HOWARD, Case No. 1:18-cv-01710-DAD-EPG (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT F. HANNA’S

v. MOTION TO DISMISS BE GRANTED

SGT. ENCINAS, et al., (ECF NO. 28)

Defendants. OBJECTIONS, IF ANY, DUE WITHIN TWENTY-ONE DAYS 15 I. BACKGROUND Michael Howard (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983, which includes state law claims. This case is currently proceeding “on the following claims: Plaintiff’s claim against defendants J. Flores, J. Alejo, R. Nichols, H. Rodriguez, A. Loza, Leno, and A. Encinas for excessive force in violation of the Eighth Amendment; Plaintiff’s claim against defendant Tumacder for failure to protect in violation of the Eighth Amendment; Plaintiff’s claim for deliberate indifference to serious medical needs in…