Munoz

Da’Juan Birden v. Munoz

Good Law
United States District Court, Eastern District of CaliforniaOctober 8, 20251:25-cv-00937California1,193 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DA’JUAN BIRDEN, Case No. 1:25-cv-00937-BAM Plaintiff, ORDER DIRECTING CLERK OF COURT TO

RANDOMLY ASSIGN DISTRICT JUDGE TO

v. ACTION MUNOZ, FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION FOR FAILURE TO OBEY

Defendant. COURT ORDER AND FAILURE TO

PROSECUTE

16 (ECF No. 8)

FOURTEEN (14) DAY DEADLINE

18 I. Background Plaintiff Da’Juan Birden is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. On August 6, 2025, the Court screened the complaint and found that Plaintiff successfully raised excessive force and failure to protect claims in violation of the Eighth Amendment against Defendant Munoz. (ECF No. 8.) However, because Plaintiff failed to provide a date when the alleged violations of right occurred, the Court found that Plaintiff failed to state a claim upon which relief may be granted and that the…

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