Benavidez

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM ANGELO LATTEN, JR., No. 2:23-cv-1879 DB P 12 Plaintiff, 13 v. ORDER 14 J. BENAVIDEZ, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. 18 §1983. Before the court is plaintiff’s complaint for screening and his motion to proceed in forma 19 pauperis. For the reasons set forth below, this court will grant the motion to proceed in forma 20 pauperis. In addition, this court finds plaintiff has stated potentially cognizable Eighth 21 Amendment claims for excessive force against defendants Salinas-Gonzalez and Ortiz-Garcia and 22 a potentially cognizable Eighth Amendment claim for failure to protect against defendant 23 Warstler. This court further finds plaintiff fails to state any claims against defendant Benavidez. 24 Plaintiff will be given the choice of filing an amended complaint or proceeding immediately on 25 the claims in his complaint against Salinas-Gonzalez, Ortiz-Garcia, and Warstler.…