(PC) Rodriguez v. Baughman ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN GARCIA RODRIGUEZ, No. 2:18-cv-0655 MCE CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 DAVID BAUGHMAN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed 18 pursuant to 42 U.S.C. § 1983. Plaintiff’s first amended complaint is before the court for 19 screening under 28 U.S.C. § 1915A(a). The court has conducted the required screening and finds 20 that the amended complaint states a claim for use of excessive force arising under the Eighth 21 Amendment against defendant Friend. 22 As for the other defendants identified, the amended complaint fails to state clams upon 23 which relief can be granted. Plaintiff names 10 “Doe” defendants, but plaintiff fails to assert any 24 allegations as to any of these defendants. As for Warden Baughman, plaintiff’s allegation that 25 Baughman failed to protect plaintiff from Friend is vague and conclusory. In order to avoid 26 dismissal for failure to state a claim a complaint must contain more than “naked assertions,” or 27 “labels and conclusions.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). 28 Plaintiff fails to point to any specific facts suggesting defendant Baughman’s conduct amounted wOASe 2. f£00U VEINS INES MUO St PO te OY Oe 1 | to deliberate indifference to a substantial risk of serious harm. Farmer v. Brennan, 511 U.S. 825, 2 | 834, 837 (1994). 3 In accordance with the above, IT IS HEREBY RECOMMENDED that: 4 1. All claims other than a claim for excessive force arising under the Eighth Amendment 5 | against defendant Friend be dismissed; and 6 2. Defendant Friend be ordered to file his response to plaintiff's Eighth Amendment 7 || excessive force claim with fourteen days of adoption of the foregoing. 8 These findings and recommendations are submitted to the United States District Judge 9 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen after 10 | being served with these findings and recommendations, plaintiff may file written objections with 11 || the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 12 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 13 | waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 14 | 1991). 15 | Dated: May 13, 2020 rd f | Gx CAROLYN K.DELANEY 7 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 | 4 rodr0655.1(a) 22 23 24 25 26 27 28