Sherman

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EUGENE RAYFORD, 1:19-cv-00225-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDINGS,

RECOMMENDING THAT THIS CASE

vs. PROCEED WITH PLAINTIFF’S EIGHTH

AMENDMENT CLAIMS AGAINST

SHERMAN, et al., DEFENDANTS SHERMAN AND MILAM, AND

THAT ALL OTHER CLAIMS AND

DEFENDANTS BE DISMISSED FROM THIS Defendants. CASE BASED ON PLAINTIFF’S FAILURE TO STATE A CLAIM (ECF No. 24.)

OBJECTIONS DUE IN FOURTEEN (14) DAYS

19 I. BACKGROUND Eugene Rayford (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On February 7, 2019, Plaintiff filed the Complaint commencing this action in the Sacramento Division of the United States District Court for the Eastern District of California. (ECF No. 1.) On February 15, 2019, the case was transferred to this court. (ECF No. 6.) On February 28, 2019, Plaintiff filed the First Amended 26 …