Atherton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL DAUWALDER, Case No.: 1:24-cv-00523-JLT-SKO Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CERTAIN CLAIMS

v. 14-DAY OBJECTION PERIOD J. ATHERTON, et al.,

Defendants.

Plaintiff Daniel Dauwalder is proceeding pro se in this civil rights action pursuant to 42 U.S.C. section 1983. I. INTRODUCTION Following screening of Plaintiff’s complaint, the Court found Plaintiff stated plausible Eighth Amendment excessive force claims against Defendants Atherton and Perez, and deliberate indifference to serious medical needs claims against Defendants Davydov and Garmendia; however, Plaintiff failed to allege any other cognizable claim. (Doc. 7 at 3-12.) Plaintiff was directed to do one of the following: (1) to notify the Court in writing that he did not wish to file a first amended complaint and was willing to proceed only on the Eighth Amendment excessive force claims against Defendants Atherton and Perez and deliberate…