(PC) Diaz v. Lynch

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FELIPE POLANCO DIAZ, No. 2:21-cv-0916 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MARIA TORCEDO, Defendant. 16 Plaintiff is a state prisoner, proceeding without counsel and in forma pauperis. He seeks relief pursuant to 42 U.S.C. § 1983. On April 3, 2023, plaintiff was provided the option to pursue his retaliation claim against defendant Torcedo, or to file an amended pleading in an effort to add an access to the court claim as to defendant Torcedo. Plaintiff did not respond. Therefore, by separate order, service is ordered on defendant Torcedo based solely on plaintiff’s retaliation claim, and the undersigned recommends that plaintiff’s access to the court claim be dismissed without prejudice. Plaintiff’s Second Amended Complaint Plaintiff narrowed his claims to allege that on December 21, 2020, defendant Torcedo violated the First Amendment by issuing a rules violation against plaintiff in retaliation…