Ortiz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN MARQUEZ, Case No. 1:23-cv-01782-EPG (PC) Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE

v. AND

O. ORTIZ, et al., FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS ACTION BE

Defendants. DISMISSED, WITHOUT FURTHER LEAVE

TO AMEND, FOR FAILURE TO STATE A

CLAIM

(ECF No. 7)

OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

20 Plaintiff Jonathan Marquez (“Plaintiff”) is a state prisoner proceeding pro se and in forma 21 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff’s First Amended 22 Complaint is before the Court for screening. (ECF No. 7). Plaintiff alleges that his First, Eighth, 23 and Fourteenth Amendment rights were violated after he was shot by prison officials while lying 24 prone on the ground during a prison fight involving other inmates. 25 For the following reasons, the…