(PC) Braden v. Hunt ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL W. BRADEN, No. 1:23-cv-00469-SAB (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE 13 v. TO THIS ACTION 14 K. HUNT, et al., FINDINGS AND RECOMMENDATION RECOMMENDING DISMISSAL OF 15 Defendants. CERTAIN CLAIMS AND DEFENDANTS 16 (ECF No. 19) 17 18 Plaintiff Paul W. Braden is proceeding pro se and in forma pauperis in this civil rights action 19 filed pursuant to 42 U.S.C. § 1983. 20 On June 28, 2023, the Court screened Plaintiff’s complaint, and found that he stated 21 cognizable a cognizable Based on the foregoing, the Court finds that Plaintiff has stated a 22 cognizable excessive force claim against Defendants Duran, Kiester, Diaz, and Vieth. (ECF No. 23 18.) However, Plaintiff failed to state any other cognizable claims. Plaintiff was granted the 24 opportunity to file an amended complaint or notify the Court of his intent to proceed on the claims 25 found to be cognizable. (Id.) On July 13, 2023, Plaintiff filed a notice of intent to proceed on the 26 claim found to be cognizable. (ECF No. 19.) 27 Accordingly, it is HEREBY ORDERED that the Clerk of the Court shall assign a District 28 Judge to this action. 1 Further, it is HEREBY RECOMMENDED that: 2 1. This action proceed against Defendants Duran, Kiester, Diaz, and Vieth for 3 excessive force in violation of the Eighth Amendment; and 4 2. All other claims and Defendants be dismissed from the action for failure to state a 5 cognizable claim for relief. 6 These Findings and Recommendations will be submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)d). Within fourteen (14) 8 days after being served with these Findings and Recommendations, Plaintiff may file written 9 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 10 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 11 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 12 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 14 IT IS SO ORDERED. DAM Le 15 | Dated: _ July 14, 2023 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28