Struve

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID EVANS, No. 2: 19-cv-1376 JAM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. STRUVE, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. For the reasons stated herein, the undersigned recommends that plaintiff’s claim alleging that defendants Gonzalez, Dingfelder, Richardson, Calderon, Valice, Sidebotham and McCarval violated the Eighth Amendment by filing reports falsely claiming that plaintiff resisted defendant Struve be dismissed for failing to state a potentially colorable claim for relief. See 28 U.S.C. § 1915(e)(2) (notwithstanding any filing fee, the court shall dismiss case at any time the court determines that the action fails to state a claim on which relief may be granted). In the August 2, 2019 order directing service of defendants, the undersigned found that plaintiff’s complaint stated the following…