Ledbetter

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AARON D. SEYMOUR, Case No.: 1:22-cv-00989-JLT-CDB (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CLAIM THREE IN PLAINTIFF’S

v. COMPLAINT

LEDBETTER, (Docs. 13 & 14)

Defendant. 14-DAY OBJECTION PERIOD

Plaintiff Aaron D. Seymour 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 May 16, 2023, this Court issued its Order Vacating Findings and Recommendations to Dismiss Claim Three in Plaintiff’s Complaint and First Screening Order. (Doc. 13.) In its First Screening Order, the Court found Plaintiff’s complaint stated cognizable First Amendment retaliation (Claim I) and Eighth Amendment failure to protect (Claim II) claims against Defendant Ledbetter, the sole defendant named in the action. (Id. at 3-6.) However, the Court further found that Plaintiff had failed to allege…