Thornton v. Grissom et al

Filing 22

FINDINGS and RECOMMENDATIONS to Dismiss Non-Cognizable Claims with Prejudice, signed by Magistrate Judge Michael J. Seng on 11/7/16. Referred to Judge Ishii; 14-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SIMON THORNTON,

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Plaintiff,
v.
DONALD L. GRISSOM, et al.,

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Defendants.

CASE NO. 1:16-cv-0498-AWI-MJS (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS NON-COGNIZABLE CLAIMS
WITH PREJUDICE
(ECF NOS. 9, 18)
FOURTEEN DAY OBJECTION DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 42 U.S.C. § 1983.
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On October 4, 2016, Plaintiff’s First Amended Complaint (ECF No. 9) was
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screened and found to state a cognizable Eighth Amendment excessive force claim
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against Defendant Grissom and an Eighth Amendment failure to protect claim against
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Defendant Cruz. (ECF No. 18.) However, the Court concluded that all other claims and
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Defendants were subject to dismissal.
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Plaintiff was then directed to file a notice of his willingness to proceed on the
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pleading as screened or to file a Second Amended Complaint. Plaintiff has now filed a
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notice of his willingness to proceed on the First Amended Complaint as screened. (ECF
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No. 20.)
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Accordingly, IT IS HEREBY RECOMMENDED that:

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1.

Plaintiff proceed on an Eighth Amendment excessive force claim against

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Defendant Grissom and an Eighth Amendment failure to protect claim

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against Defendant Cruz; and

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2.

All other claims and Defendants be dismissed with prejudice.

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The 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)(1).

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Within fourteen (14) days after being served with the findings and recommendations, the

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parties may file written objections with the Court. The document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” A party may

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respond to another party’s objections by filing a response within fourteen (14) days after

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being served with a copy of that party’s objections. The parties are advised that failure to

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file objections within the specified time may result in the waiver of rights on appeal.

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Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923

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F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

November 7, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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