(PC) Elliott v. Chavez ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER ELLIOT, No. 2:22-cv-01982-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 D. CHAVEZ, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. On March 10, 2023, the court screened plaintiff’s complaint pursuant to 28 19 U.S.C. § 1915A. ECF No. 10. The court informed plaintiff that he could proceed with 20 potentially cognizable Eighth Amendment excessive force and First Amendment retaliation 21 claims against defendant Chavez. Id. The court also informed plaintiff that he could not proceed 22 with any claims against defendant Campose because the complaint did not contain any allegations 23 against defendant Campose. Id. The court granted plaintiff thirty days to file an amended 24 complaint if he wished to pursue a claim against defendant Campose. The time for acting has 25 passed and plaintiff has not filed an amended complaint. The court therefore recommends that 26 defendant Campose be dismissed from this action for the reasons stated in the March 10, 2023 27 screening order. 28 ///// ] Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States 2 || District Judge to this action. 3 Further, it is RECOMMENDED that defendant Campose be dismissed from this action 4 || 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: April 17, 2023. □□ PDEA 14 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28