(PC) Stone v. Pfieffer ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ADAM JAY STONE, ) Case No. 1:21-cv-01461-DAD-SAB (PC) ) 12 Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS 13 v. ) RECOMMENDING DISMISSAL OF CERTAIN DEFENDANTS AND CLAIMS ) 14 C. PFIEFFER, ) 15 Defendant. ) ) 16 ) 17 Plaintiff Adam Jay Stone is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 18 1983. 19 Plaintiff filed the instant action on September 30, 2021, and Plaintiff paid the filing fee on 20 December 17, 2021. Plaintiff filed a first amended complaint on January 10, 2022. (ECF No. 22.) 21 On March 23, 2022, the Court screened the first amended complaint, found that Plaintiff stated 22 a cognizable excessive force claim against Defendants Anderson, B. Gonzales, G. Morales, and K. 23 Gonzales, and granted Plaintiff leave to file a second amended complaint or notify the Court of his 24 intent to proceed only on the excessive force claim. (ECF No. 26.) On April 4, 2022, Plaintiff filed a 25 notice to proceed only on the excessive force claim. (ECF No. 27.) 26 /// 27 /// 28 /// 1 Accordingly, it is HEREBY RECOMMENDED that: 2 1. This action proceed on Plaintiff's excessive force claim against Defendants Andersor 3 B. Gonzales, G. Morales, and K. Gonzales; and 4 2. All other Defendants and claims 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)(1). Within fourteen (14) days g || after being served with these Findings and Recommendations, Plaintiff may file written objections 9 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 10 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 11 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 12 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 14 |} ITIS SO ORDERED. A (re 15 || ated: _ April 6, 2022 OF 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28