Jenkins

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MALCOLM STRICKLAND, No. 2:22-cv-0898 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

A. JENKINS, et al., Defendants. 16 Plaintiff is a former state prisoner proceeding pro se with a civil rights action under 42 U.S.C. §1983. Plaintiff alleges defendant Jenkins sexually assaulted him and all three defendants retaliated against him for complaining of Jenkins’ conduct. Before the court is defendant Rich’s motion to dismiss. For the reasons set forth below, this court will recommend Rich’s motion be granted. BACKGROUND This case is proceeding on plaintiff’s first amended complaint (“FAC”). (ECF No. 9.) Plaintiff is a former state prisoner. In October 2021, he was incarcerated at Mule Creek State Prison (“MCSP”). Plaintiff alleges that in October 2021 Correctional Officer A. Jenkins sexually assaulted him. He further alleges that Jenkins and Correctional Officers Janam and N.…