Newton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 THEODORE J. NEWTON, Case No.: 21cv15-LAB(KSC)

Plaintiff,

REPORT AND RECOMMENDA-

v. TION RE DEFENDANT’S MOTION TO DISMISS [Doc. No. 16] OFFICER S. EATMON, Defendant. 15 Plaintiff Theodore J. Newton is proceeding pro se and in forma pauperis (IFP) [Doc. No. 5] in this civil rights action pursuant to Title 42, United State Code, Section 1983, alleging that his rights under the Eighth Amendment were violated when defendant S. Eatmon assaulted and used excessive force against him on multiple occasions while he was housed at the Richard J. Donovan Correctional Facility (“RJD”). [Doc. No. 1, at pp. 3-4.] Plaintiff also alleges that his rights under the First Amendment were violated when defendant S. Eatmon retaliated against him for filing a prison grievance. [Doc. No. 1, at p. 3.] Before the Court is a Federal Rule 12(b)(6) Motion to Dismiss filed by defendant S. Eatmon…