Amezcua

(PC) Porter v. Amezcua

Good Law
United States District Court, Eastern District of CaliforniaMay 8, 20241:23-cv-01491California4,494 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KEVIN LAMAR PORTER, Case No. 1:23-cv-01491-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

v. CLAIMS AND DEFENDANTS

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

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

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