(PC) Cray v. Correia ( 2020 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOSEPH LEE CRAY, Case No. 1:19-cv-01641-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS, 11 RECOMMENDING THAT CERTAIN v. CLAIMS AND DEFENDANTS BE 12 DISMISSED F. CORREIA, et al., 13 (ECF NOS. 1, 9, & 10) Defendants. 14 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 15 ORDER DIRECTING CLERK TO ASSIGN 16 DISTRICT JUDGE 17 Joseph Lee Cray (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 19 Plaintiff filed the complaint commencing this action on November 19, 2019. (ECF No. 20 1). The Court screened Plaintiff’s complaint. (ECF No. 9). The Court found that only the 21 following claim should proceed past the screening stage: Plaintiff’s claim against Defendant F. 22 Correia for excessive force in violation of the Eighth Amendment. (Id.). 23 The Court allowed Plaintiff to choose between proceeding only on the claim found 24 cognizable by the Court in the screening order, amending the complaint, or standing on the 25 complaint subject to the Court issuing findings and recommendations to a district judge 26 consistent with the screening order. (Id. at 9-10). On May 1, 2020, Plaintiff notified the Court 27 that he wants to proceed only on the claim found cognizable in the screening order. (ECF No. 28 10). WOOD ££ UVM ET NE SOU I Te OY Ov 1 Accordingly, for the reasons set forth in the Court’s screening order that was entered on 2 || April 16, 2020 (ECF No. 9), and because Plaintiff has notified the Court that he wants to 3 || proceed only on the claim found cognizable in the screening order (ECF No. 10), it is 4 HEREBY RECOMMENDED that all claims and defendants be dismissed, except for Plaintiff's 5 against Defendant F. Correia for excessive force in violation of the Eighth Amendment. 6 These findings and recommendations will be submitted to the United States district 7 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(). Within g || fourteen (14) days after being served with these findings and recommendations, Plaintiff may 9 || file written objections with the Court. The document should be captioned “Objections to 10 || Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 11 |] objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 12 || Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 13 |} (9th Cir. 1991)). 14 Additionally, IT IS ORDERED that the Clerk of Court is directed to assign a district 15 || judge to this case. 16 4 IT IS SO ORDERED. |! Dated: _ May 4, 2020 [sf ey 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28