Garcia

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JERRY DILLINGHAM, 1:19-cv-00461-AWI-GSA-PC

Plaintiff, FINDINGS AND RECOMMENATIONS,

RECOMMENDING THAT THIS CASE

vs. PROCEED AGAINST DEFENDANT J.

GARCIA FOR USE OF EXCESSIVE

J. GARCIA, et al., FORCE, AND DISMISSING ALL OTHER

CLAIMS AND DEFENDANTS FOR

Defendants. FAILURE TO STATE A CLAIM

OBJECTIONS DUE WITHIN FOURTEEN

DAYS

18 I. BACKGROUND Jerry Dillingham (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On April 9, 2019, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On June 1, 2020, the court issued a screening order requiring Plaintiff to either (1) file an amended complaint not exceeding 25 pages, or (2) notify the court of his willingness to proceed only with the excessive force claim against defendant J. Garcia and the medical claims against …