Gordon

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 JOHN M. NIETO, CASE NO. 1:20-cv-0291 JLT (PC)

Plaintiff, ORDER TO ASSIGN DISTRICT JUDGE;

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS NON-COGNIZABLE

CLAIMS

WARDEN GORDON, et al., (Doc. 11)

Defendants.

FOURTEEN-DAY DEADLINE

16 Previously, the Court screened the first amended complaint and found it stated the following claims: (1) an Eighth Amendment excessive force claim against Correctional Officers York, Diaz- Navarro, Marcheese, James, Gonzalez, Rivero, Rodriguez, Vera, and Analis; (2) an Eighth Amendment failure to protect claim against CO Vargas and CO Reyes; and (3) an Eighth Amendment medical indifference claim against CO James. Plaintiff’s allegations were also sufficient to state an Eighth Amendment excessive force claim against CO Baeza, but it was unclear if plaintiff intended to proceed against this defendant because he was not named in the caption. No other…