Mata

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL JOHNSON, No. 2:22-cv-0613 KJM KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 LT. J. MATA, et al., 15 Defendants. 16 17 Plaintiff, a federal inmate formerly housed at the Federal Correctional Institution in 18 Herlong, California (“FCI Herlong”), filed this civil rights action pursuant to Bivens v. Six 19 Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Defendant Mata’s 20 motion to dismiss or, in the alternative, for summary judgment, is before the court. As discussed 21 below, defendant Mata’s motion to dismiss should be granted. 22 Plaintiff’s Operative Pleading 23 This action proceeds on plaintiff’s amended complaint in which he raises two claims 24 based on an incident that took place on August 11, 2020: (1) an excessive force claim under the 25 Eighth Amendment; and (2) a Fifth Amendment “due process of law” and “equal protection of 26 law” claim. (ECF No. 14 at 5, 9.) In support, plaintiff…