Atkinson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DEWITT MCDOWELL, Case No. 1:20-cv-01036-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS DEFENDANT AND CLAIMS

v.

KERN VALLEY STATE PRISON, et al., 14-DAY DEADLINE

Defendants. Clerk of the Court to Assign a District Judge

16 On February 11, 2021, the Court screened Plaintiff’s complaint and found that it states cognizable claims of excessive force against Defendants Atkinson, Furlong, Leora, Harman, Hernandez, and Johnson in their individual capacities, as well as a claim of failure to intercede against Defendant Johnson in his individual capacity. (Doc. 11.) The Court found that the remaining claims were not cognizable. (Id.) The Court therefore directed Plaintiff, within 21 days, to file a first amended complaint curing the deficiencies in his pleading or to notify the Court that he wishes to proceed only on the claims found cognizable. (Id. at 10.) The Court cautioned Plaintiff that failure to comply with the order would…