Figueroa

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAMEN D. RABB, No. 1:23-cv-00843-JLT-SAB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATION

RECOMMENDING PLAINTIFF’S MOTION

13 v. TO AMEND BE DENIED AND PLAINTIFF’S

FIRST AMENDED COMPLAINT LODGED

14 ESTEVEN FIGUEROA, et al., ON MARCH 21, 2024, BE STRICKEN FROM

THE RECORD

15 Defendants. (ECF Nos. 33, 36, 38) 16

17 Plaintiff Isaiah J. Petillo is appearing pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. 19 Currently before the Court is Plaintiff’s motion to amend the complaint, filed February 23, 20 2024. (ECF No. 33.) On March 14, 2024, Plaintiff submitted the proposed amended complaint. 21 (ECF No. 36.) 22 I. 23

RELEVANT BACKGROUND

24 This action is proceeding against Defendants Figueroa and Chavez for failure to protect 25 under the Eighth Amendment and retaliation under the First Amendment. 26 Plaintiff was represented by counsel at the time he filed the instant complaint. (ECF No. 27 1.) 28 1 …