Daniels

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLIFTON J. MCDANIEL, No. 2:20-cv-00895-TLN-CKD P Plaintiff, v. FINDINGS & RECOMMENDATIONS DANIELS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On August 18, 2020, the court screened plaintiff’s complaint and gave him the option of proceeding on the Eighth Amendment claims against defendant Hood-Medland or of filing an amended complaint to fix the deficiencies with respect to the remaining claims. ECF No. 11. Plaintiff was ordered to return the Notice of Election form within 21 days. ECF No. 11. Plaintiff has failed to return the Notice of Election form and a review of CDCR inmate records indicates that plaintiff is no longer in custody. See Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001) (emphasizing that the court may take judicial

1 On April 29, 2021, the court performed searches using…