Botkin

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYNARD VALLERY, No. 2: 20-cv-0767 KJN P Plaintiff, v. ORDER and FINDINGS AND

RECOMMENDATIONS

B. BOTKIN, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s first amended complaint. (ECF No. 11.) Plaintiff alleges five claims. For the reasons stated herein, the undersigned recommends dismissal of claims two and five. The undersigned separately orders service of claims one, three and four. Named as defendants are Correctional Officer Botkin, Correctional Lieutenant Speight, Associate Warden O’Brien and Warden Neuschmid. Plaintiff alleges that in early June 2019, he told defendant Botkin that he was going to write him up for harassing him. Defendant Botkin responded, “I’ve been written up many times; there is nothing that’s going to happen to me; now I’m going to write you up.” …