Amezcua

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN LAMAR PORTER, Case No. 1:23-cv-01491-JLT-BAM (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

13 v. CLAIMS AND DEFENDANTS

14 AMEZCUA, et al., (ECF No. 17)

15 Defendants. FOURTEEN (14) DAY DEADLINE 16 17 I. Background 18 Plaintiff Kevin Lamar Porter (“Plaintiff”) is a state prisoner proceeding pro se and in 19 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On April 22, 2024, the 20 Court screened the complaint and found that Plaintiff stated cognizable claims against: 21 (1) Defendant Amezcua for retaliation in violation of the First Amendment; (2) Defendant 22 Amezcua for excessive force in violation of the Eighth Amendment for slamming Plaintiff on the 23 ground; and (3) Defendants Amezcua and Chao for excessive force in violation of the Eighth 24 Amendment for forcefully moving Plaintiff despite his complaints of severe pain. (ECF No. 16.) 25 The Court ordered Plaintiff to…