Zaiza v. Guthrie, et al.
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Michael J. Seng on 2/28/2017 recommending that this action proceed only on cognizable Eighth Amendment Claim and that all other claims and Defendants be dismissed re 1 Prisoner Civil Rights Complaint. Referred to Judge Lawrence J. O'Neill; Objections to F&R due within 14-Days. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JOSE ROBERTO ZAIZA,
C. GUTHRIE, et al.,
CASE No. 1:16-cv-01862-LJO-MJS (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THAT THIS ACTION
PROCEED ONLY ON COGNIZABLE
EIGHTH AMENDMENT CLAIM AND
THAT ALL OTHER CLAIMS AND
DEFENDANTS BE DISMISSED
(ECF No. 1)
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. On January 30, 2017, the Court
screened Plaintiff’s complaint and found that it states a cognizable Eighth Amendment
excessive force claim for damages against Defendant Guthrie, but no other cognizable
claims. (ECF No. 10.) Plaintiff was ordered to file an amended complaint or notify the
Court in writing if he wished to proceed only on the cognizable claim. (Id.) Plaintiff
responded that he does not intend to amend and instead wishes to proceed with the
cognizable claim. (ECF No. 11)
Based on the foregoing, it is HEREBY RECOMMENDED that:
1. This action proceed only on the cognizable Eighth Amendment claim for
damages against Defendant Guthrie ; and
2. All other claims and defendants be dismissed from this action for failure
to state a claim.
These findings and recommendations will be submitted to the United States
District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C.
§ 636(b)(1). Within fourteen (14) days after being served with the findings and
recommendations, Plaintiff may file written objections with the Court. The document
should be captioned “Objections to Magistrate Judge’s Findings and Recommendations.”
Plaintiff is advised that failure to file objections within the specified time may result in the
waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)
(citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
IT IS SO ORDERED.
February 28, 2017
Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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