(PC) Dixson v. Mohammad ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEMETROIS T. DIXSON, 2:24-cv-00332 SCR P 12 Plaintiff, 13 v. ORDER AND 14 F. MOHAMMAD, FINDINGS AND RECOMMENDATIONS 15 Defendant. 16 17 Plaintiff Demetrois Dixson, a state prisoner, proceeds without counsel and seeks relief under 18 42 U.S.C. § 1983. This matter is referred to the undersigned pursuant to Local Rule 302. See 28 19 U.S.C. § 636(b)(1). The undersigned previously screened plaintiff’s complaint (ECF No. 1) and 20 found the complaint states two cognizable claims against defendant F. Mohammad, but otherwise 21 states no cognizable claims. (See ECF No. 10.) Plaintiff was directed to file a notice indicating how 22 he wishes to proceed. Plaintiff has filed his notice and elects to stand on his complaint as filed and 23 have a district judge assigned to the case to determine what claims are stated. (ECF No. 13.) 24 In accordance with the above, IT IS ORDERED that the Clerk of the Court shall assign a 25 district judge to this case. 26 In addition, for the reasons stated in the court’s screening order dated November 15, 2024 27 (ECF No. 10), IT IS RECOMMENDED that plaintiff’s claims other than the First Amendment 28 retaliation claim and Eighth Amendment excessive force claim against defendant F. Mohammad 1 | be dismissed for failure to state a claim. 2 These findings and recommendations are submitted to the United States District Judge 3 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 21 days after 4 | being served with these findings and recommendations, plaintiff may file written objections with 5 || the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 6 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 7 || may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 8 | 1991). 9 10 | Dated: November 22, 2024 11 8 SEAN C. RIORDAN 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28