Gathrite

I. BACKGROUND

26 Plaintiff filed his original complaint on September 26, 2019. ECF No. 1. Plaintiff 27 was granted in forma pauperis (“IFP”) status. ECF No. 5. Plaintiff’s factual allegations 28 center around an incident where he claims that Defendants impermissibly confined him in a shower which strongly smelled of urine and feces for over four hours without cause. Defendants filed an initial motion to dismiss, which the Court granted in part and denied in part. ECF Nos. 10, 14, 17. On October 22, 2020, Plaintiff filed an amended complaint. ECF No. 18. This amended complaint included several claims: 1) a violation of the Eighth Amendment’s prohibition on Cruel and Unusual Punishment due to his confinement in the shower, 2) a violation of his First Amendment Freedom of Association right due to the deprivation of his ability to associate with other inmates during his confinement, 3) a violation of the Fourteenth Amendment Due Process Clause because he was confined without adequate process, and 4) a violation of the First Amendment prohibition on Retaliation by confining him because of his complaints against Defendant Wilson. …