Covello

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JUAN CARLOS CALDERON, No. 2:23-cv-2049 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

P. COVELLO, et al., Defendants. 16 Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On October 11, 2023, the undersigned found that plaintiff’s complaint stated a potentially colorable Eighth Amendment claim against defendant Campos for allegedly throwing a T-6 oleoresin capsicum grenade/bomb under plaintiff’s cell door without cause on June 7, 2023. (ECF No. 7.) The undersigned found that the remaining claims in plaintiff’s complaint were not potentially colorable. (Id.) The undersigned granted plaintiff thirty days to either file an amended complaint or inform the court that he intended to proceed on the potentially colorable claim against defendant Campos. (Id.) //// 27 Plaintiff attached to the original complaint declarations by…