Neve

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EARNEST S. HARRIS, Case No. 1:19-cv-01338-AWI-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS EIGHTH AMENDMENT

v. CLAIMS

D. NEVE, (Doc. 15)

Defendant. 21-DAY DEADLINE

16 Earnest S. Harris alleges Correctional Officer Neve subjected him to retaliation and cruel and unusual punishment in violation of the First and Eighth amendments. (Doc. 15.) The Court finds that Plaintiff states cognizable retaliation claims, but his Eighth Amendment claims are not cognizable. Because Plaintiff has received two opportunities to amend (see Docs. 10, 12), and his current complaint suffers from the same deficiencies as his prior complaint, the Court finds that further amendment would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Therefore, the Court recommends that Plaintiff’s Eighth Amendment claims be dismissed. I. SCREENING REQUIREMENT The Court is required to…