Woodward

(PC) Brown v. Woodward

Good Law
United States District Court, Eastern District of CaliforniaMay 22, 20201:19-cv-00626California3,887 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES BROWN, Case No. 1:19-cv-00626-DAD-SKO (PC)

Plaintiff, ORDER DIRECTING PLAINTIFF TO

FILE A SECOND AMENDED

v. COMPLAINT OR NOTIFY THE COURT

OF HIS DESIRE TO PROCEED ONLY ON

D. WOODWARD, et al., CLAIMS FOUND COGNIZABLE

Defendants. (Doc. 15)

21-DAY DEADLINE

17 Plaintiff James Brown alleges the defendants subjected him to cruel and unusual punishment and retaliation. (Doc. 15.) The Court finds that Plaintiff states cognizable claims of deliberate indifference against Defendants Woodward and Lopez, as well as cognizable claims of excessive force and retaliation against Defendant Woodward. Plaintiff’s claims against the remaining defendants are not cognizable, and Plaintiff may not seek expungement of his rules violation report because it would affect the length of his incarceration. See Ramirez v. Galaza, 334 F.3d 850, 856 (9th Cir. 2003). Accordingly, the Court…

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