1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACK LEE CALDERON, No. 2:23-cv-0689 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 J. MAYHEW, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without an attorney on a civil rights action pursuant 18 to 42 U.S.C. § 1983. On December 2, 2024, the court screened the complaint and found that 19 plaintiff’s stated cognizable individual capacity claims for excessive force against defendants 20 Gomez and Mayhew and for deliberate indifference against Arnnett. ECF No. 26 at 2, 4. 21 However, plaintiff had not stated any official capacity claims against any defendant or individual 22 capacity deliberate indifference claims against Afshin and Fincalero. Id. at 3-4. Plaintiff was 23 given the option of amending the complaint or proceeding immediately on his cognizable claims 24 against defendants Gomez, Mayhew, and Arnnett. Id. at 3-5. He was further advised that if he 25 failed to notify the court how he wanted to proceed, the court would assume that he was choosing 26 to proceed on the complaint as screened and would recommend dismissal without prejudice of the 27 official capacity claims against all defendants and individual capacity claims against defendants 28 Afshin and Fincalero. Id. at 5. The time for plaintiff to notify the court as to how he wishes to 1 | proceed has now passed, and plaintiff has not made an election or otherwise responded to the 2 || order. 3 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 4 || assign a United States District Judge to this action. 5 IT IS FURTHER RECOMMENDED that for the reasons set forth in the December 2, 6 || 2024, Screening Order (ECF No. 9 at 3), official capacity claims against all defendants and 7 || individual capacity deliberate indifference claims against Afshin and Fincalero be dismissed 8 | without prejudice. 9 These findings and recommendations are submitted to the United States District Judge 10 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1).. Within twenty-one days 11 | after being served with these findings and recommendations, plaintiff may file written objections 12 || with the court. Such a document should be captioned “Objections to Magistrate Judges Findings 13 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 14 || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 15 | (9th Cir. 1991). 16 || DATED: January 17, 2025 ~ ttre Llar—e_ 17 ALLISONCLAIRE 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28