(PC) Humes v. Sacramento County
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JON HUMES, No. 2:18-cv-0957-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SACRAMENTO COUNTY, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On June 28, 2019, the undersigned issued findings and recommendations to dismiss plaintiff’s complaint with leave to amend only as to plaintiff’s excessive force claim. ECF No. 21. The court explained that plaintiff’s allegations of excessive force were insufficient to state a claim upon which relief could be granted. Id. On August 20, 2019, the district judge adopted those findings and recommendations and granted plaintiff leave to amend within thirty days. ECF No. 25. The order warned plaintiff that failure to file an amended complaint could result in the dismissal of this action. Id. The…