Hughes

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOSEPH JOHN, No. 2:20-cv-984-EFB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

Z. HUGHES, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought under 42 U.S.C. § 1983. On September 18, 2020, the court informed plaintiff he could proceed with a potentially viable Eighth Amendment claim against defendant Z. Hughes only or file an amended complaint, as his allegations against defendants Baughman and Heise could not survive screening. ECF No. 7. Plaintiff has elected not to amend his complaint and to proceed only with the claim identified by the court. ECF No. 10. Accordingly, IT IS ORDERED that the Clerk of the Court randomly assign a United States District Judge to this action. Further, IT IS RECOMMENDED that plaintiff’s claims against defendants Baughman and Heise be dismissed without prejudice. These findings and…