Burns

(PC) Howell v. Burns

Good Law
United States District Court, Eastern District of CaliforniaSeptember 6, 20191:19-cv-00556California467 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KAREEM J. HOWELL, No. 1:19-cv-00556-JDP

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. THAT PLAINTIFF BE PERMITTED TO

PROCEED ON COGNIZABLE CLAIM AND

J. BURNES, et al., THAT NON-COGNIZABLE CLAIMS BE

DISMISSED WITHOUT PREJUDICE

Defendants.

OBJECTIONS, IF ANY, DUE IN 14 DAYS

16 Plaintiff Kareem J. Howell is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. On August 7, 2019, I screened Howell’s complaint and found that he stated an excessive force and a First Amendment claim against defendant Burnes, as well as a deliberate indifference claim against defendant Magallanes, but no other claims. See ECF No. 9. That order gave Howell 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…

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