Goss

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TOMMY MACKEY, No. 1:18-cv-00988-DAD-JDP

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. THAT PLAINTIFF BE PERMITTED TO

PROCEED ON COGNIZABLE CLAIM AND

D. GOSS, et al., THAT NON-COGNIZABLE CLAIMS BE

DISMISSED WITHOUT PREJUDICE

Defendants.

OBJECTIONS, IF ANY, DUE IN 14 DAYS

16 Plaintiff Tommy Mackey is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. On July 3, 2019, the court screened plaintiff’s complaint and found that plaintiff stated excessive force claims against defendants R. Rodriguez, D. Rodriguez, Pompa, Garcia, Schulte, and Martinez. See ECF No. 15. The court gave plaintiff three options: (1) proceed only on the claims found cognizable, (2) amend the complaint to add additional facts to make out additional claims, or (3) stand on the current complaint subject to dismissal of claims and defendants. On July 26, 2019, plaintiff filed a notice…