(PC)Rivera v. Suisun City Police Department ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JASON RIVERA, No. 2:19-cv-0920-EFB P 11 Plaintiff, 12 v. ORDER AND FINDINGS AND RECOMMENDATIONS 13 SUISUN CITY POLICE DEPARTMENT, et al., 14 Defendants. 15 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought 18 under 42 U.S.C. § 1983. On January 8, 2020, the court determined that plaintiff’s complaint had 19 alleged, for screening purposes, a potentially cognizable excessive force claim against defendant 20 Maccabe, but had not alleged any viable claims against defendants Suisun City Police 21 Department, O’Brien, Zaragoza, and Heine. ECF No. 11. The court informed plaintiff he could 22 proceed with the viable claim only or file an amended complaint within 30 days. Id. Plaintiff has 23 elected to proceed only with the viable claim against defendant Maccabe. ECF No. 16. 24 Accordingly, IT IS ORDERED that the Clerk of the Court shall randomly assign a United 25 States District Judge. 26 ///// 27 ///// 28 2 LUV VEY OUTING VEE MVOC et PR eter AY eT 1 Further, IT IS RECOMMENDED that plaintiff's claims against defendants Suisun City 2 | Police Department, O’ Brien, Zaragoza, and Heine be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 5 || after being served with these findings and recommendations, any party may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 10 | Dated: June 24, 2020. > 12 EDMUND F. BRENNAN B UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28