King v. Villegas et al
FINDINGS and RECOMMENDATIONS, Recommending that all Claims, and Defendants be Dismissed, Except for Plaintiff's Claims for Excessive Force in Violation of the Eighth Amendment Against Defendants R. Villegas and P.Cruz re 1 , 10 signed by Magistrate Judge Erica P. Grosjean on 2/8/18. Referred to Judge Ishii. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JERRY LEE KING,
R. VILLEGAS, et al.,
Case No. 1:17-cv-00676-AWI-EPG (PC)
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT ALL CLAIMS
AND DEFENDANTS BE DISMISSED,
EXCEPT FOR PLAINTIFF’S CLAIMS
FOR EXCESSIVE FORCE IN VIOLATION
OF THE EIGHTH AMENDMENT
AGAINST DEFENDANTS R. VILLEGAS
AND P. CRUZ
(ECF NOS. 1 & 10)
OBJECTIONS, IF ANY, DUE WITHIN
On May 17, 2017, Plaintiff filed the complaint commencing this action. (ECF No. 1).
The Court screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915. (ECF No. 10). The
Court found that the complaint stated cognizable claims for excessive force in violation of the
Eighth Amendment against defendants R. Villegas and P. Cruz. (Id. at 8). The Court also
found that Plaintiff failed to state any other cognizable claims. (Id).
The Court allowed Plaintiff to choose between proceeding only on the claims for
excessive force in violation of the Eighth Amendment against defendants R. Villegas and P.
Cruz, amending the complaint, or standing on the complaint subject to the Court issuing
findings and recommendations to a district judge consistent with the screening order. (Id. at 9).
On January 31, 2018, Plaintiff notified the Court that he is willing to proceed only on the
claims for excessive force in violation of the Eighth Amendment against defendants R. Villegas
and P. Cruz. (ECF No. 11).
Accordingly, for the reasons laid out in the Court’s screening order that was entered on
January 8, 2018 (ECF No. 10), and because Plaintiff has notified the Court that he is willing to
proceed only on the claims for excessive force in violation of the Eighth Amendment against
defendants R. Villegas and P. Cruz (ECF No. 11), it is HEREBY RECOMMENDED that all
claims and defendants be dismissed with prejudice, except for Plaintiff’s claims for excessive
force in violation of the Eighth Amendment against defendants R. Villegas and P. Cruz.
These findings and recommendations are submitted to the United States district judge
assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen
(14) days after being served with these findings and recommendations, Plaintiff may file
written objections with the Court.
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, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394
(9th Cir. 1991)).
The document should be captioned “Objections to
IT IS SO ORDERED.
February 8, 2018
UNITED STATES MAGISTRATE JUDGE
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