(PC) Baker v. Lynch

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY RAY BAKER, No. 2:19-CV-2617-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. HOWARD, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion to proceed on the first amended complaint, see ECF No. 48. On February 16, 2022, the Court issued an order addressing the sufficiency of Plaintiff’s first amended complaint. See ECF No. 44. The Court found that Plaintiff states a cognizable claim for retaliation against Defendant Howard, and a cognizable claim for failure to protect as against Defendants Howard, Hontz, Frederick, Peterson, and Roth. See id. at 4. The Court found that the first amended complaint fails to state any other cognizable claims. See id. Specifically, the Court determined that Plaintiff’s third claim for relief under the Eighth Amendment arising from…