Silva

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER ROBERT LUTE, Case No. 1:20-cv-01122-CDB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CLAIM TWO OF PLAINTIFF’S

v. SECOND AMENDED COMPLAINT

E. SILVA, et al., 14-DAY OBJECTION PERIOD

Defendants. Clerk of the Court to Assign District Judge

16 Plaintiff Christopher Robert Lute is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. I. RELEVANT PROCEDURAL BACKGROUND On February 17, 2021, the Court issued its First Screening Order. (Doc. 6.) The then- assigned magistrate judge found Plaintiff’s complaint stated cognizable claims of retaliation and excessive force, however, its remaining claims were not cognizable. (Id. at 5-13.) Plaintiff was granted leave to file a first amended complaint curing the deficiencies identified in the screening order. (Id. at 13-14.) Following three extensions of time, Plaintiff filed a first…