Anderson

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NORBERT MAURICE PAYTON, No. 2:19-CV-0426-WBS-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS NATHAN M. ANDERSON, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is defendant Nathan Anderson’s motion to dismiss plaintiff’s complaint (ECF No. 18). 20 I. PLAINTIFF’S ALLEGATIONS This action proceeds against defendant Anderson for alleged use of excessive force in violation of the Fourteenth Amendment. See ECF No. 16 at 2. As previously summarized by the Court, plaintiff alleges the following: On January 24, 2019, Defendant Nathan Anderson refused to serve Plaintiff's preapproved religious diet for his morning meal. In response, Plaintiff stuck his arm through the food port and asked to be fed or speak with the unit supervisor. Plaintiff did not make …