Burns

(PC) Howell v. Burns

Good Law
United States District Court, Eastern District of CaliforniaFebruary 24, 20201:19-cv-00568California361 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KAREEM J. HOWELL, Case No. 1:19-cv-00568-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS CLAIMS NOT FOUND

v.

COGNIZABLE

J. BURNES, et al., 14-DAY DEADLINE Defendants. Clerk of Court to assign a District Judge 16 On February 3, 2020, the Court screened Plaintiff’s complaint (Doc. 1) and found that it states cognizable claims under the Eighth Amendment against J. Burnes, C. Gamboa, and A. Randolph, but not against J. Ceballos and an unnamed warden. (Doc. 10.) The Court directed Plaintiff to file a first amended complaint curing the deficiencies identified in its order or notify the Court that he wishes to proceed only the claims found cognizable. (Id.) In response to the Court’s screening order, Plaintiff filed a notice that he “would like to proceed … only on the claims found to be cognizable by the court … against Defendants Burnes, Gamboa, and Randolph,” and he “would like Defendants Ceballos and the warden to be 25 …

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