Castro

I. BACKGROUND

24 Plaintiff filed his complaint on September 29, 2021, bringing excessive-force, cruel- 25 and-unusual-punishment, retaliation, and due-process claims against Defendants R. Castro, R. 26 Roacho, and P. Arredondo. (ECF No. 1). On November 16, 2021, the Court entered a screening 27 order, concluding that Plaintiff stated Fourth and Eighth Amendment claims against Defendant Castro but that no other claims should proceed past the screening stage. (ECF No. 8). The screening order gave Plaintiff thirty days to either file a first amended complaint, notify the Court in writing that he did not want to file an amended complaint and instead wanted to proceed only on his Fourth and Eighth Amendment claims against Defendant Castro, or notify 5 the Court in writing that he wanted to stand on his complaint. On December 16, 2021, Plaintiff 6 filed a first amended complaint, which is now before the Court for screening. 7 For the reasons given below, the Court will recommend that this case proceed on 8 Plaintiff’s Fourth and Eighth Amendment claims against Defendant Castro and that the due- 9 process claim against Defendant Arredondo be dismissed. Plaintiff has…