Macomber

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL E. JACQUES, No. 2:23-cv-0345 TLN AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFF MACOMBER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On September 23, 2024, the court screened the complaint and found that plaintiff had stated cognizable Eighth and Fourteenth Amendment claims against defendants Franceschi and Lynch in their individual capacities and against Lynch in his official capacity, but that her claims against Franceschi in her official capacity and all claims against Macomber were insufficient to proceed. ECF No. 10. Plaintiff was given the options of amending the complaint or proceeding immediately on her cognizable claims against defendants Franceschi and Lynch. Id. at 9-10. She was further advised that if she failed to notify the court how she wanted to proceed, the court would assume that she was choosing to proceed…