Portillo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER BRANDON DAVIS, Case No.: 1:22-cv-00457 ADA-CDB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CERTAIN CLAIMS

v. 14-DAY OBJECTION PERIOD M. PORTILLO, et al.,

Defendants. 16 Plaintiff Christopher Brandon Davis is proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. I. RELEVANT PROCEDURAL BACKGROUND On April 10, 2023, this Court issued its First Screening Order. (Doc. 19.) The Court found Plaintiff’s first amended complaint (Doc. 12) stated the following cognizable claims: (1) First Amendment retaliation claims against Defendant Portillo (claims one & four) and Defendant Brown (claim three); (2) an Eighth Amendment excessive force claim against Defendant Portillo (claim two); (3) an Eighth Amendment failure to protect claim against Defendant Molina (claim one); and (4) a due process clause violation against Defendant Brown (claim three). (Doc. 19 at 4- 20.) However,…