Duncan
(PC) Hill v. Duncan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOHNATHAN L. HILL, Case No. 1:20-cv-00250-NONE-JLT (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS
TO DISMISS CLAIMS
v.
J. DUNCAN; S. AVILA, 14-DAY DEADLINE
Defendants. ORDER REGARDING RESPONSIVE
PLEADING BY DEFENDANT AVILA
16 On March 9, 2020, the Court screened Plaintiff’s complaint and found that it states cognizable claims against Defendant Duncan for violations of the Eighth Amendment for excessive force and for violations of state law for assault, battery, and negligence. (Doc. 4.) The Court found that the complaint states claims against Defendant Avila for violations of the Eighth Amendment for failure to intercede and for violations of state law for negligence. (Id.) The Court found that all other claims were not cognizable. (Id.) The Court directed Plaintiff to file an amended complaint curing the deficiencies identified or to notify the Court that he wished to proceed only on the claims found cognizable. (Id. at 10.) …