CSP-Sacramento

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID ROBERTS, No. 2:22-CV-1831-DJC-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CSP – SACRAMENTO, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s complaint, ECF No. 1. On November 21, 2022, the Court issued an order addressing the sufficiency of Plaintiff’s complaint as required under the Prison Litigation Reform Act. See ECF No. 10. The Court summarized Plaintiff’s allegations as follows: Plaintiff names the following as defendants: (1) California State Prison – Sacramento; (2) Sgt. Caruso; and (3) Correctional Officer Acuna. See ECF No. 1, pg. 2. In his first claim for relief, Plaintiff alleges that Defendants Caruso used excessive force on September 13, 2022, while Defendant Acuna watched and did nothing. See id. at 3. In his second claim…