Cox

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

TIMOTHY BAILEY, ) Case No.: 1:22-cv-0757 JLT SAB (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATION AND DISMISSING v. ) RETALIATION CLAIM ) T. COX, et al., ) ) (Doc. 9) Defendants. ) ) )

On September 14, 2022, the assigned magistrate judge reviewed his allegations and determined Plaintiff stated cognizable claims for excessive force and sexual assault. (Doc. 9 at 4-6.) However, the magistrate judge determined Plaintiff failed to state a claim for retaliation. (Id. at 6-7.) In so finding, the magistrate judge observed, “The Supreme Court has never recognized a Bivens remedy under the First Amendment and the Ninth Circuit has also refused to extend a Bivens remedy to a claim under the First Amendment.” (Doc. 9 at 6, citing Reichle v. Howards, 566 U.S. 658, 663 n.4 (2012); Baptiste v. Zunkeir, 2019 WL 4543113, at *4-5 (C.D. Cal. Apr. 1, 2019).) The…