(PC) Matthews v. Ramos et al

Filing 19

ORDER DIRECTING Clerk of Court to Randomly Assign a District Judge to This Action; FINDINGS and RECOMMENDATIONS Recommending Dismissal of Certain Claims, signed by Magistrate Judge Stanley A. Boone on 1/3/2023. Objections to F&R due within FOURTEEN DAYS. (Marrujo, C)

Case 1:22-cv-01508-JLT-SAB Document 19 Filed 01/03/23 Page 1 of 2

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
GENE RAYMOND MATTHEWS, III,

Case No. 1:22-cv-01508-SAB (PC)

10
Plaintiff,

ORDER DIRECTING CLERK OF COURT
TO RANDOMLY ASSIGN A DISTRICT
JUDGE TO THIS ACTION

11
v.
12
S. RAMOS, et al.,

FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
CERTAIN CLAIMS

13
Defendants.
14

(ECF Nos. 16, 17)
15
16
17

Plaintiff Gene Raymond Matthews, III is proceeding pro se in this civil rights action filed

18 pursuant to 42 U.S.C. § 1983.
19

On December 9, 2022, the Court screened Plaintiff’s first amended complaint, and found

20 that he stated a cognizable claim against Defendants S. Ramos and G. King for failing to
21 intervene during the use of assault by fellow inmates on November 1, 2021, and subsequently
22 using force on Plaintiff. Plaintiff also stated a cognizable claim for excessive force against
23 Defendants Ujeda and John Does one through three for also allegedly using excessive force upon
24 him on November 1, 2021. (ECF No. 16.) However, Plaintiff failed to state any other
25 cognizable claims. Plaintiff was granted the opportunity to file an amended complaint or notify
26 the Court of his intent to proceed on the claims found to be cognizable. (Id.) On December 27,
27 2022, Plaintiff filed a notice of intent to proceed on the claims found to be cognizable. (ECF No.
28 17.)

1

Case 1:22-cv-01508-JLT-SAB Document 19 Filed 01/03/23 Page 2 of 2

Accordingly, it is HEREBY ORDERED that the Clerk of the Court shall assign a District

1

2 Judge to this action
3

Further, it is HEREBY RECOMMENDED that:

4

1.

This action proceed against Defendants S. Ramos and G. King for failing to

5

intervene during the use of assault by fellow inmates on November 1, 2021, and

6

subsequently using force on Plaintiff, and against Defendants Ujeda and John

7

Does one through three for alleged use of excessive force on November 1, 2021;

8

and
2.

9

All other claims be dismissed from the action for failure to state a cognizable
claim for relief.

10

These Findings and Recommendations will be submitted to the United States District

11

12 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
13 (14) days after being served with these Findings and Recommendations, Plaintiff may file
14 written objections with the Court. The document should be captioned “Objections to Magistrate
15 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections
16 within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler,
17 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir.
18 1991)).
19
20

IT IS SO ORDERED.

21 Dated:

January 3, 2023
UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28

2