Morley

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JEREMY DELPHIN, Case No. 1:19-cv-01076-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANTS’ MOTION

v. TO PARTIALLY DISMISS COMPLAINT

J. MORLEY, et al., (Doc. 23)

Defendants. 21-DAY DEADLINE

Clerk of the Court to Assign a District Judge

Before the Court is Defendants’ motion to partially dismiss Plaintiff’s complaint on the grounds that it fails to state a cognizable claim against Defendant Hammonds or Whitson. (Doc. 23.) For the reasons set forth below, the Court recommends that Defendants’ motion be granted. I. BACKGROUND Plaintiff raises two causes of action in his complaint: excessive force and/or failure to intervene against Defendants Banuelos, Hammonds, Morley, Villalobos, and Whitson, and deliberate indifference to serious medical needs against Defendants Brown and Stewart. (Doc. 1 at 12-16.) The Court screened the complaint…