(PC) Falls v. Arredondo ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID FALLS, Case No. 1:19-cv-00441-NONE-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CERTAIN CLAIMS AND 13 v. DEFENDANTS 14 A. ARREDONDO, et al., 14-DAY DEADLINE 15 Defendants. 16 17 On August 26, 2019, the Court screened Plaintiff’s complaint (Doc. 1) and found that it 18 states a cognizable claim of excessive force against A. Arredondo in his individual capacity, but 19 that all other claims are not cognizable. (Doc. 10 at 11.) The Court therefore directed Plaintiff to 20 file a first amended complaint curing the deficiencies identified in its order or notify the Court 21 that he wishes to proceed only the claim of excessive force. (Id.; see also Doc. 21.) 22 On March 30, 2020, Plaintiff filed a notice that he “wish[es] to proceed only on the 23 cognizable claim determined by the Court against Defendant A. Arredondo.” (Doc. 23.) 24 Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 10), the Court 25 RECOMMENDS that: 26 1. Plaintiff’s claims be DISMISSED, except for his claim of excessive force in 27 violation of the Eighth Amendment against Defendant A. Arredondo, in his 1 2. Defendants D. Davey, J. Gallagher, and M. Gamboa be DISMISSED. 2 These Findings and Recommendations will be submitted to the United States District 3 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of 4 the date of service of these Findings and Recommendations, Plaintiff may file written objections 5 with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings 6 and Recommendations.” Failure to file objections within the specified time may result in waiver 7 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 8 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 9 IT IS SO ORDERED. 10 11 Dated: April 1, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27