Ledbetter

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 AARON D. SEYMOUR, Case No.: 1:22-cv-0989 JLT CDB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS CLAIM

v. THREE IN PLAINTIFF’S COMPLAINT

LEDBETTER, (Doc. 15)

Defendant.

16 Aaron D. Seymour seeks to hold the defendant liable for civil rights violations pursuant to 42 U.S.C. § 1983. The magistrate judge found Plaintiff stated cognizable claims for retaliation in violation of the First Amendment and failure to protect under the Eighth Amendment. (See Doc. 13 at 3-6.) However, the magistrate judge determined Plaintiff failed to allege compliance with the Government Tort Claim Act, as required for his third claim for relief: “slander of character [and] moral debilitation” and/or defamation. (Id. at 6-8.) On May 26, 2023, Plaintiff filed a notice indicating he did “not wish to file an amended complaint [and] would like to proceed only on the First Amendment retaliation [and]…