Quinto

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KEVIN LEWIS, JR., Case No. 1:22-cv-00628-CDB (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS STATE LAW CLAIM

v.

(Doc. 1) ALAN QUINTO, et al.,

Defendants. FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT AND MOTIONS

FOR DEFAULT JUDGMENT

17 (Docs. 13, 14, 16)

FOURTEEN (14) DAY DEADLINE

20 Clerk of the Court to Assign District Judge 21 Plaintiff Kevin Lewis, Jr., is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. I. Dismissal of State Law Claim On July 7, 2023, the Court screened the complaint and found it states a cognizable Eighth Amendment claim for use of excessive force against Defendants Quinto, Gilbert, Brown, and Hernandez, Correctional Officers (“COs”) at North Kern State Prison; and a claim for failure to fails to state a claim under California law because Plaintiff did…