Gomez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO MERINO, No. 2: 21-cv-0572 JAM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

GOMEZ, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s third amended complaint. (ECF No. 88.) For the reasons stated herein, the undersigned orders defendants Navarro and Gomez to file a response to the third amended complaint and recommends dismissal of defendant Lynch. Background Plaintiff named Correctional Officers Navarro and Gomez and Warden Lynch as defendants in the second amended complaint. (ECF No. 75.) In the second amended complaint, plaintiff alleged that his cellmate attacked him on October 23, 2020. (Id. at 4.) In the days leading up to the attack, plaintiff allegedly told correctional officers assigned to his housing unit that his cellmate was physically and…