Lacebal

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VENCIL C. GREEN, No. 2:21-cv-01636 DAD DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

VAL LACEBAL, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff claims that defendants retaliated against him for filing grievances and civil suits, in violation of the First Amendment. Presently before the court is defendants’ motion to dismiss (ECF No. 34) and plaintiff’s first amended complaint (ECF No. 37). For the reasons set forth below, the undersigned will recommend that defendants’ motion be granted only as to plaintiff’s claim for damages against defendants in their official capacities. It will also order that plaintiff’s first amended complaint be stricken from the docket, and grant plaintiff the option to proceed on the original complaint or seek leave to file an amended complaint. MOTION TO DISMISS …