Algazzaly

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RAFAEL GODINEZ, Case No. 1:19-cv-01746-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS CLAIMS AND

v. DEFENDANTS

SCOTT KERNAN, et al., (Doc. 10)

Defendants. 21-DAY DEADLINE

Clerk of the Court to Assign a District Judge

17 Plaintiff Rafael Godinez alleges the defendants subjected him to excessive force and retaliation. (Doc. 10.) The Court finds that Plaintiff’s second amended complaint states cognizable claims against Defendants Algazzaly, Gray, and Herrick, and the four Doe defendants; but it does not state any cognizable claims against the remaining defendants. Given that Plaintiff has received two opportunities to amend, 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 non-cognizable claims and associated defendants be dismissed. I. SCREENING…