Atherton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL DAUWALDER, Case No.: 1:24-cv-0523 JLT SKO Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. CERTAIN CLAIMS

J. ATHERTON, et al., (Doc. 10)

Defendants.

Daniel Dauwalder seeks to hold the defendants liable for violations of his civil rights pursuant to 42 U.S.C. § 1983. The assigned magistrate judge screened Plaintiff’s complaint and found he stated cognizable claims for: (1) excessive force against defendants Atherton and Perez, and (2) deliberate indifference to serious medical needs against defendants Davydov and Garmendia. (Doc. 7 at 3-12.) However, the magistrate judge found the other claims raised by Plaintiff were not cognizable. (Id.) In response to the Screening Order, Plaintiff elected to proceed on the cognizable claims against Atherton, Perez, Davydov, and Garmendia, and to have the other claims be dismissed. (Doc. 9 at 1.) The magistrate judge issued Findings…