Thompson v. Gomez et al

Filing 10

ORDER Directing Clerk of Court to Randomly Assign a District Judge to Case, and FINDINGS and RECOMMENDATIONS Recommending this Action Proceed on Plaintiff's Excessive Force Claim Only, signed by Magistrate Judge Stanley A. Boone on 3/6/18. This Case is Assigned to Chief Judge Lawrence J. O'Neill and Magistrate Judge Stanley A. Boone. The New Case No. is: 1:18-cv-0125-LJO-SAB. Referred to Judge O'Neill. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK SHANE THOMPSON,

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Plaintiff,

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v.
A. GOMEZ, et al.,

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Defendants.

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Case No.: 1:18-cv-00125-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE TO
CASE, AND FINDINGS AND
RECOMMENDATIONS RECOMMENDING THIS
ACTION PROCEED ON PLAINTIFF’S
EXCESSIVE FORCE CLAIM ONLY
[ECF Nos. 1, 8, 9]

Plaintiff Mark Shane Thompson is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.

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On February 12, 2018, the Court screened Plaintiff’s complaint and found that it stated a

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cognizable claim against Defendants A. Gomez, E. Weiss, Y. Sazo, C. Gray, J. Busby, Rodriguez, and

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J. Doe Nos 1 and 2 for excessive force only. (ECF No. 8.) Plaintiff was granted an opportunity to

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amend his complaint, or notify the Court that he is agreeable to proceeding only on the excessive force

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identified as cognizable. (Id.)

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On March 5, 2018, Plaintiff notified the Court that he wished to proceed only on the excessive

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force and dismiss all other claims. (ECF No. 9.)

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As a result, the Court will recommend that this action only proceed on the claim identified

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above, and all other claims and defendants be dismissed for the reasons stated in the Court’s February

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12, 2018 screening order. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir.

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2010).

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Accordingly, it is HEREBY RECOMMENDED that:

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This action proceed on Plaintiff’s claim against Defendants A. Gomez, E. Weiss, Y.
Sazo, C. Gray, J. Busby, Rodriguez, and J. Doe Nos 1 and 2 for excessive force;

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2.

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All other claims and defendants be dismissed for failure to state a claim upon which
relief could be granted, consistent with the Court’s February 12, 2018 order; and

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The Clerk of Court is directed to randomly assign a District Judge to this action.

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These findings and recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provision of 28 U.S.C. §636 (b)(1)(B). Within fourteen (14) days

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after being served with these Finding and Recommendations, Plaintiff may file written objections with

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the Court. The document should be captioned “Objections to Findings and Recommendations.”

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Plaintiff is advised that failure to file objections within the specified time may result in the waiver of

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rights on appeal. Wilkerson v. Wheeler, 772 F.2d F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v.

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Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.

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Dated:

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March 6, 2018
UNITED STATES MAGISTRATE JUDGE

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