Agundez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CORNELL DAVIS, Case No. 1:20-cv-00640-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS CLAIMS AND DEFENDANT

v. (Doc. 1) A. AGUNDEZ, et al., 21-DAY DEADLINE Defendants. 16 Cornell Davis alleges the defendants subjected him to excessive force and retaliation. (Doc. 1.) On February 26, 2021, the Court issued a screening order, finding that Plaintiff’s complaint states cognizable claims against Defendants Agundez, Dominguez, and Urrutia, but not against Defendant Chavez. (Doc. 16.) Therefore, the Court directed Plaintiff to file a first amended complaint curing the deficiencies in his pleading or a notice that he wishes to proceed only on the claims found cognizable. (Id. at 8.) On March 26, 2021, Plaintiff filed a notice indicating that he does not intend to file an amended complaint, stating, “all my allegations are true so this whole file another is irrelevant.” (Doc. 17.) Thus, it appears that Plaintiff wishes to “stand…