(PC) Howell v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KAREEM J. HOWELL, No. 2:20-cv-0520 KJN P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

J. JOHNSON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Defendants’ motion to dismiss under 28 U.S.C. § 1915(e)(2)(A) or, alternatively, revoke plaintiff’s in forma pauperis (“IFP”) status is before the court. As discussed below, the undersigned recommends that defendants’ motion be granted in part, and this action be dismissed without prejudice. Plaintiff’s Allegations In his complaint, filed March 6, 2020, plaintiff alleges the following. Defendants Johnson, Troja and Moktar used excessive force on plaintiff on March 14, 2019, in retaliation for plaintiff filing a staff complaint against another correctional officer. Defendants Childs and Williamson responded to the subsequently-sounded alarm, and defendant Williamson ordered Childs to wipe the blood from plaintiff’s…