Woodward

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES BROWN, Case No. 1:19-cv-00626-DAD-SKO (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS CLAIMS AND

DEFENDANTS

D. WOODWARD, et al., (Doc. 21) Defendants. 21-DAY DEADLINE 16 17 Plaintiff James Brown alleges the defendants subjected him to cruel and unusual punishment and retaliation. (Doc. 21.) The Court finds that Plaintiff’s second amended complaint states cognizable claims of deliberate indifference, excessive force, and retaliation against Defendant Woodward and a cognizable claim of deliberate indifference against Defendant Lopez. Plaintiff’s remaining claims are not cognizable. Given that Plaintiff has received two opportunities to amend his complaint (Docs. 9, 18), the Court finds that further amendment would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Therefore, the Court recommends that the remaining defendants and claims be dismissed. I. SCREENING REQUIREMENT …