Fields v. Patterson et al
Filing
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FINDINGS and RECOMMENDATIONS, Recommending That This Action Proceed on the First Amended Complaint 16 Against Defendants C/O Patterson and Sgt. Molina for Retaliation; and Against Defendants Sgt. Molina and LT. Finley, for Failure to Comply With State Law; and that All Other Claims and Defendants be Dismissed from this Action, signed by Magistrate Judge Gary S. Austin on 2/21/14. Referred to Judge O'Neill. Objections, If Any, Due Within Twenty Days. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KEVIN E. FIELDS,
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Plaintiff,
vs.
P. PATTERSON, et al.,
Defendants.
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1:10-cv-01700-LJO-GSA-PC
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT THIS ACTION
PROCEED ON THE FIRST AMENDED
COMPLAINT AGAINST DEFENDANT C/O
PATTERSON FOR USE OF EXCESSIVE
FORCE; AGAINST DEFENDANTS C/O
PATTERSON AND SGT. MOLINA FOR
RETALIATION; AND AGAINST
DEFENDANTS SGT. MOLINA AND LT.
FINLEY, FOR FAILURE TO COMPLY
WITH STATE LAW; AND THAT ALL
OTHER CLAIMS AND DEFENDANTS BE
DISMISSED FROM THIS ACTION
(Doc. 16.)
OBJECTIONS, IF ANY, DUE WITHIN
TWENTY DAYS
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Kevin E. Fields (APlaintiff@) is a state prisoner proceeding pro se and in forma pauperis
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in this civil rights action pursuant to 42 U.S.C. ' 1983.
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commencing this action on September 17, 2010. (Doc. 1.) The case now proceeds on the First
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Amended Complaint filed by Plaintiff on May 31, 2013. (Doc. 16.) The First Amended
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Complaint names Correctional Officer (C/O) Patterson, Sergeant (Sgt.) Molina, and Lieutenant
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(Lt.) Finley, as defendants.
Plaintiff filed the Complaint
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The court screened the First Amended Complaint pursuant to 28 U.S.C. ' 1915A and
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found that it states cognizable claims under ยง 1983 against defendant C/O Patterson for use of
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excessive force; against defendants C/O Patterson and Sgt. Molina for retaliation; and against
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defendants Sgt. Molina and Lt. Finley for failure to comply with state law. On February 5,
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2014, the court entered an order requiring Plaintiff to either file a Second Amended Complaint
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or notify the court of his willingness to proceed only on the claims found cognizable by the
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court. (Doc. 21.) On February 18, 2014, Plaintiff filed a notice informing the court that he is
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willing to proceed only on the claims found cognizable by the court. (Doc. 22.)
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Based on the foregoing, it is HEREBY RECOMMENDED that:
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This action proceed with the First Amended Complaint filed on May 31, 2013,
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against defendant C/O Patterson for use of excessive force; against defendants
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C/O Patterson and Sgt. Molina for retaliation; and against defendants Sgt.
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Molina and Lt. Finley, for failure to comply with state law;
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2.
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All remaining claims and defendants be dismissed from this action based on
Plaintiff's failure to state any claims upon which relief may be granted.
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These Findings and Recommendations will be submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within
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twenty (20) days after being served with these Findings and Recommendations, Plaintiff may
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file written objections with the Court. The document should be captioned AObjections to
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Magistrate Judge=s Findings and Recommendations.@ Plaintiff is advised that failure to file
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objections within the specified time may waive the right to appeal the District Court=s order.
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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
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February 21, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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