(PC)Garcia
Arnie Garcia, Jr. v. O. Herrera, Officer, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ARNIE GARCIA, JR., Case No. 1:25-cv-00094 JLT HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
v. (Doc. 17) O. HERRERA, Officer, et al., Defendants. 16 Arnie Garcia Jr., a state prisoner, is proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. (Doc. 9.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The assigned magistrate judge issued a screening order on Plaintiff’s Complaint, finding that the Complaint stated an Eighth Amendment excessive force claim against Defendants O. Herrera and J. Gallardo and an Eighth Amendment failure to intervene claim against Defendant Valencia, but failed to state any other cognizable claims. (See generally Doc. 16.) The magistrate judge afforded Plaintiff the option to either (1) file an amended complaint, (2) file a notice to stand on his complaint as screened and proceed only on the…