Spearman

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIM DAVIS, No. 2:19-CV-0848-MCE-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MARION SPEARMAN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On June 13, 2019, the court issued a screening order addressing plaintiff’s original complaint. See ECF No. 8. The court found all claims – except plaintiff’s Eighth Amendment claims against defendants Spearman, Cox, Rodriguez, and Salazar – insufficient for service. See id. at 3. Plaintiff was provided 30 days within which to file a first amended complaint addressing the deficiencies identified by the court. See id. at 11-12. On July 15, 2019, plaintiff filed a notice of voluntary dismissal of defendants Ginder, Delgado, and MacComber only. See ECF No. 10. To date, plaintiff has not filed a first amended complaint. Because no answer or motion for summary judgment has been…