(PC) Godoy v. Favela ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH GODOY, No. 2:22-cv-01673-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 A. FAVELA, 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 November 29, 2022, the court informed plaintiff that he could 19 proceed with an Eighth Amendment excessive force claim against defendants Favela and 20 Weatherwax or he could file an amended complaint in an effort to also state a claim against 21 defendants Fleshman, Appleberry, and Lozano. ECF No. 6. Plaintiff has elected not to amend 22 his complaint and to proceed only with the claim identified by the court. ECF No. 9. 23 Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States 24 District Judge to this case. 25 Further, it is RECOMMENDED that plaintiff’s claims against defendants Fleshman, 26 Appleberry, and Lozano be dismissed without prejudice. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 | after being served with these findings and recommendations, any party may file written 2 || objections with the court and serve a copy on all parties. Such a document should be captioned 3 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 | within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 6 7 || Dated: January 4, 2023. □□ PDEA g EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28