Baughman

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN GARCIA RODRIGUEZ, No. 2:18-cv-0655 MCE CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 DAVID BAUGHMAN, et al., 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil 18 rights under 42 U.S.C. § 1983. On May 13, 2020, the court screened plaintiff’s amended 19 complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found that 20 plaintiff could proceed on a claim arising under the Eighth Amendment for excessive force 21 against defendant Dr. John H. Friend. Defendant Dr. Friend has filed a motion to dismiss. 22 In his amended complaint, plaintiff alleges he was “tortured” by Dr. Friend on September 23 12, 2017 by means of electrical shock at California State Prison, Sacramento. Plaintiff asserts 24 that at one point, he asked Dr. Friend to stop shocking him. In response, Dr. Friend turned up the 25 electricity to inflict “max pain.” At some point, Dr. Friend told…