McCorkle

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD SPENCE, No. 2:23-cv-0953 TLN CKD P Plaintiff, v. ORDER AND MCCORKLE, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On September 25, 2023, the court screened plaintiff’s complaint as the court is required to do under 28 U.S.C. § 1915A. The court found that plaintiff could proceed on the following claims: 1. Use of excessive force against defendant McCorkle; and 2. Failure to protect against defendant Anansev. In the screening order, the court indicated that it was not clear whether the claims arise under the Eighth or Fourteenth Amendment as it was not clear whether plaintiff had been convicted of an offense at the time the incidents occurred. A review of California Court of Appeal records in Third Appellate District case numbers C094469 and C099550 reveals that plaintiff…