Newsome
(PC) Israel v. Newsome
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AKIVA AVIKAIDA ISRAEL, No. 2:22-cv-00005 DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
GAVIN C. NEWSOME, et al., (ECF Nos. 2, 3, 5, 6) Defendants.
17 Plaintiff Akiva Avikaida Israel,1 a state prisoner, proceeds without counsel under 42 U.S.C. § 1983. This matter was referred to the undersigned by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Plaintiff’s complaint (ECF No. 1) is before the court for screening. Plaintiff has also filed a motion seeking preliminary injunctive relief. (ECF No. 3.) As set forth below, the undersigned will recommend the motion for preliminary injunctive relief be denied. However, plaintiff’s complaint states cognizable claims under the Eighth Amendment against Officer B. Louie and Sgt. Walters. Plaintiff also states a cognizable retaliation claim under the First Amendment against Officer J. Padilla. Plaintiff may either proceed on these claims or file an amended complaint.…