(PC) Lee Byrd v. Tuolumne County Sheriffs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

COSMO ALLEN LEE BYRD, ) Case No.: 1:21-cv-00559-SAB (PC) ) Plaintiff, ) ORDER DIRECTING CLERK OF COURT TO ) RANDOMLY ASSIGN A DISTRICT JUDGE TO v. ) THIS ACTION

TUOLUMNE COUNTY SHERIFFS, et al., ) FINDINGS AND RECOMMENDATION ) RECOMMENDING DISMISSAL OF ACTION Defendants. ) ) (ECF No. 7) )

Plaintiff Cosmo Allen Lee Byrd is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the instant action on April 2, 2021. On July 19, 2021, the Court screened Plaintiff’s complaint and found that Plaintiff stated a cognizable excessive force claim against Defendant Holmes, but no other claims were cognizable. (ECF No. 6.) Plaintiff was granted leave to file an amended complaint or notify the Court of his intent to proceed on the excessive force claim only. (Id.) Plaintiff failed to file an amended complaint or otherwise respond to the Court’s order. 24 …