Giles

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AKIVA AVIKAIDA ISRAEL, No. 2:21-CV-1027-DAD-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 S. GILES, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint, ECF No. 16. 19 On July 25, 2023, the Court issued an order addressing the sufficiency of 20 Plaintiff’s first amended complaint. See ECF No. 26. The Court concluded that the action could 21 proceed on the following cognizable claims:

22 Plaintiff’s First Amendment claim against Defendant Gyles based on interference with Plaintiff’s legal mail in 2021. 23 Plaintiff’s First Amendment claim against Defendant Szichak 24 based on retaliation in 2021.

25 Plaintiff’s Eighth Amendment claim against Defendant Szichak based on harassment in November 2020. 26 See id. 27 28 / / / 1 Plaintiff was…