Warden

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDON R. JOHNSON, Case No. 2:23-cv-00908-KJM-JDP (PC) Plaintiff, ORDER v. FINDING ADDITIONAL CLAIMS

COGNIZABLE AND DIRECTING

WARDEN, et al., PLAINTIFF TO SUBMIT ADDITIONAL

SERVICE DOCUMENTS

Defendants. ECF Nos. 20 & 34

FINDINGS AND RECOMMENDATIONS

THAT THE FAILURE TO INTERVENE

CLAIM AGAINST DEFENDANT BROWN

BE DISMISSED AS NON-COGNIZABLE

19 ECF No. 17 20 21 Plaintiff, a prisoner in Avenal State Prison, alleges that defendants, all of whom are 22 employed by the El Dorado County Sheriff’s office, violated his rights during an arrest in July 23 2021. In a prior screening order, I found that the operative complaint stated a viable Fourth 24 Amendment excessive force and battery claim against defendant French, and cognizable false 25 arrest claims against French, Luca, and Reimche. ECF No. 20. I recommended that several other 26 claims be dismissed as non-cognizable. Id. The district judge…