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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK SHANE THOMPSON, 12 Plaintiff, 13 14 v. A. GOMEZ, et al., 15 Defendants. 16 17 18 ) ) ) ) ) ) ) ) ) ) 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. 19 On February 12, 2018, the Court screened Plaintiff’s complaint and found that it stated a 20 cognizable claim against Defendants A. Gomez, E. Weiss, Y. Sazo, C. Gray, J. Busby, Rodriguez, and 21 J. Doe Nos 1 and 2 for excessive force only. (ECF No. 8.) Plaintiff was granted an opportunity to 22 amend his complaint, or notify the Court that he is agreeable to proceeding only on the excessive force 23 identified as cognizable. (Id.) 24 On March 5, 2018, Plaintiff notified the Court that he wished to proceed only on the excessive 25 force and dismiss all other claims. (ECF No. 9.) 26 /// 27 /// 28 /// 1 1 As a result, the Court will recommend that this action only proceed on the claim identified 2 above, and all other claims and defendants be dismissed for the reasons stated in the Court’s February 3 12, 2018 screening order. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell 4 Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 5 2010). 6 Accordingly, it is HEREBY RECOMMENDED that: 7 1. 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; 8 2. 9 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 10 11 3. The Clerk of Court is directed to randomly assign a District Judge to this action. 12 These findings and recommendations will be submitted to the United States District Judge 13 assigned to the case, pursuant to the provision of 28 U.S.C. §636 (b)(1)(B). Within fourteen (14) days 14 after being served with these Finding and Recommendations, Plaintiff may file written objections with 15 the Court. The document should be captioned “Objections to Findings and Recommendations.” 16 Plaintiff is advised that failure to file objections within the specified time may result in the waiver of 17 rights on appeal. Wilkerson v. Wheeler, 772 F.2d F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. 18 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 19 20 IT IS SO ORDERED. 21 Dated: 22 March 6, 2018 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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