German

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DEVONTE B. HARRIS, 1:15-cv-01462-ADA-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE BE

vs. DISMISSED WITHOUT PREJUDICE

BASED ON PLAINTIFF’S FALSEHOOD

GERMAN, et al.,

OBJECTIONS DUE WITHIN FOURTEEN

Defendants. (14) DAYS

I. PROCEDURAL HISTORY

20 Devonte B. Harris (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 21 with this civil rights action pursuant to 42 U.S.C. § 1983.) This case now proceeds with 22 Plaintiff’s First Amended Complaint filed on March 14, 2016, against defendants Correctional 23 Officers (C/O) Humberto German, Philip Holguin, and R. Burnitzki (collectively, “Defendants”), 24 for use of excessive force in violation of the Eighth Amendment; and against defendant C/O 25 Philip Holguin for retaliation in violation of the First Amendment.1 (ECF No. 8.) 26 27 1 On January 17, 2018, the court dismissed all other claims and defendants from this action,…