(PC) Mills v. Jones ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS K. MILLS, No. 1:23-cv-01214-JLT-SAB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CLAIM 13 v. (ECF Nos. 12, 13, 14) 14 ZACHERY JONES, et al. 15 Defendants. 16 17 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 18 U.S.C. § 1983. 19 On October 25, 2023, the Court screened Plaintiff’s complaint, and found that he stated 20 cognizable a cognizable excessive force claim against Defendants Zachery Jones and Javier 21 Rivera. (ECF No. 12.) However, Plaintiff failed to state any other cognizable claims. Plaintiff 22 was granted the opportunity to file an amended complaint or notify the Court of his intent to 23 proceed on the claims found to be cognizable. (Id.) On November 3, 2023, Plaintiff filed a 24 notice of intent to proceed on the claims found to be cognizable. (ECF Nos. 13, 14.) 25 Accordingly, it is HEREBY RECOMMENDED that: 26 1. This action proceed against Defendants Zachery Jones and Javier Rivera for 27 excessive force in violation of the Eighth Amendment; and 28 2. All other claims be dismissed from the action for failure to state a cognizable 1 claim for relief. 2 These Findings and Recommendations will be submitted to the United States District 3 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen 4 | (14) days after being served with these Findings and Recommendations, Plaintiff may file written 5 | objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 6 | Findings and Recommendations.” Plaintiff advised that failure to file objections within the 7 | specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 8 | 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 9 10 IT IS SO ORDERED. DAM Le 12 | Dated: _November 6, 2023 _ ef UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28