Mata

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JOHNSON, No. 2:22-cv-0613 KJM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

LT. J. MATA, et al., Defendants. 16 Plaintiff, a federal inmate formerly housed at the Federal Correctional Institution in Herlong, California (“FCI Herlong”), filed this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Defendant Mata’s motion to dismiss or, in the alternative, for summary judgment, is before the court. As discussed below, defendant Mata’s motion to dismiss should be granted. Plaintiff’s Operative Pleading This action proceeds on plaintiff’s amended complaint in which he raises two claims based on an incident that took place on August 11, 2020: (1) an excessive force claim under the Eighth Amendment; and (2) a Fifth Amendment “due process of law” and “equal protection of law” claim. (ECF No. 14 at 5, 9.) In support, plaintiff…