Neve

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

Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS AND DISMISSING

EIGHTH AMENDMENT CLAIMS

D. NEVE, (Doc. No. 21) Defendant. 16 Plaintiff Earnest S. Harris is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Eastern District of California Local Rule 302. On July 27, 2020, the assigned magistrate judge issued findings and recommendations, recommending that Plaintiff’s Eighth Amendment claims be dismissed, but that his First Amendment retaliation claims be allowed to proceed. Doc. No. 21. The magistrate judge found that Plaintiff’s allegations that Defendant-Correctional Officer Neve refused to provide him meals on two occasions, nearly a year apart, are not “sufficiently serious” to implicate the Eighth…