(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-1214 JLT SAB (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION AND DISMISSING 13 v. CLAIM 14 ZACHERY JONES, et al. (Doc. 16) 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. The Court screened Plaintiff’s complaint and found that he stated a single 19 cognizable a cognizable claim for excessive force but no other claims. The Court granted Plaintiff 20 leave to file an amended complaint or to notify the Court of his willingness to proceed only on the 21 excessive force claim. (Doc. 12.) 22 Plaintiff notified the Court he would not file an amended complaint and was “willing to 23 proceed on the claim found to be cognizable.” (Doc. 13 at 1; Doc. 14 at 1.) The magistrate judge 24 then issued Findings and Recommendations, reiterating the finding Plaintiff stated a cognizable 25 claim of excessive force and recommending the action proceed only on that claim. (Doc. 16.) 26 The Court served the Findings and Recommendations on Plaintiff and notified him that 27 any objections must be filed within 14 days after service. (Doc. 16 at 2.) In addition, the Court 28 warned Plaintiff that the failure to file timely objections may result in a waiver of rights on 1 appeal. Ud. at 2, citing Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).) No objections 2 | were filed, and the time to do so has passed. 3 According to 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the Court performed a de 4 | novo review of this case. Having carefully reviewed the entire file, the Court concludes the 5 | Findings and Recommendations are supported by the record and by proper analysis. Accordingly, 6 | the Court ORDERS: 7 1. The Findings and Recommendations issued on November 6, 2023 (Doc. 16) are 8 ADOPTED in full. 9 2. This action SHALL proceed only on Plaintiff's excessive force claims against 10 Defendant Zachery Jones and Javier Rivera. 11 3. All other claims are DISMISSED from this action. 12 4. This action is referred to the assigned magistrate judge for further proceedings. 13 4 IT IS SO ORDERED. 5 Dated: _ December 7, 2023 Charis [Tourn TED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28