Watkins v. Greenwood, et al.

Filing 12

FINDINGS and RECOMMENDATIONS Recommending Dismissing Certain Claims From the Action for Failure to State a Cognizable Claim for Relief, signed by Magistrate Judge Stanley A. Boone on 11/22/16. Objections to F&R Due Within Thirty Days. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CASEY WATKINS,

14
15

FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSING CERTAIN
CLAIMS FROM THE ACTION FOR
FAILURE TO STATE A COGNIZABLE
CLAIM FOR RELIEF

Plaintiff,

12
13

Case No. 1:16-cv-00850-LJO-SAB

v.
CHAD GREENWOOD, et al.,

(ECF Nos. 9, 10, 11)

Defendants.

OBJECTIONS DUE WITHIN THIRTY
DAYS

16
17
18

Plaintiff Casey Watkins is appearing pro se and in forma pauperis in this civil rights

19 action pursuant to 42 U.S.C. § 1983.
20

On September 30, 2016, the Court dismissed Plaintiff’s complaint with leave to amend

21 for failure to state a cognizable claim for relief. (ECF No. 8.) Plaintiff filed a first amended
22 complaint on October 14, 2016. (ECF No. 9.) On October 25, 2016, the Court screened
23 Plaintiff’s first amended complaint and found that it stated a cognizable claim for excessive force
24 in violation of the Fourth Amendment against Defendants Chad Greenwood and Lukious Sims in
25 their individual capacities. (ECF No. 10.) Plaintiff was ordered to file a second amended
26 complaint or notify the Court of his intent to proceed on the claim found to be cognizable. On
27 November 21, 2016, Plaintiff filed a notice of his intent to proceed only on the claim found to be
28 cognizable. (ECF No. 11.)

1

The Court has found that Plaintiff has stated a cognizable claim against Defendants

1

2 Greenwood and Sims in their individual capacities for excessive force in violation of the Fourth
3 Amendment.

Accordingly, IT IS HEREBY RECOMMENDED that all other claims be

4 dismissed from the action for failure to state a cognizable claim for relief.
This findings and recommendation will be submitted to the United States District Judge

5

6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within thirty (30) days
7 after being served with this findings and recommendation, Plaintiff may file written objections
8 with the Court. The document should be captioned “Objections to Magistrate Judge’s findings
9 and recommendation.” Plaintiff is advised that failure to file objections within the specified time
10 may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th
11 Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
12
13

IT IS SO ORDERED.

14 Dated:

November 22, 2016
UNITED STATES MAGISTRATE JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28

2