(PC) Onley v. Davis ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE FRANKLIN ONLEY, No. 2:22-cv-01795-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 D. DAVIS, et al., 15 Defendants. 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 6, 2023, the court informed plaintiff that he could proceed 19 with potentially cognizable due process claims against defendants Davis and Dohoda, a 20 potentially cognizable Fourth Amendment claim against defendant Davis, and a potentially 21 cognizable retaliation claim against defendant John Doe or he could file an amended complaint in 22 an effort to also state additional claims, including claims against defendants Rocha, Kelly, and 23 Anderson. ECF No. 11. Plaintiff initially elected to amend his complaint but subsequently 24 notified the court or his intention to proceed only with the claims identified by the court.1 ECF 25 Nos. 14 & 15. 26 ///// 27 1 Plaintiff notes that he may amend the complaint if he learns the identity of the Doe 28 defendants through discovery. See ECF No. 15. ] Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States 2 || District Judge to this case. 3 Further, it is RECOMMENDED that plaintiff's claims against defendants Rocha, Kelly, 4 || and Anderson be dismissed without prejudice. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 || after being served with these findings and recommendations, any party may file written 8 || objections with the court and serve a copy on all parties. Such a document should be captioned 9 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 11 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 12 13 | Dated: February 28, 2023. □□ PDEA EDMUND F. BRENNAN 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28