Perez

(PC) Robert Holmes v. Perez

Good Law
United States District Court, Eastern District of CaliforniaJanuary 28, 20221:21-cv-01367California3,306 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROBERT HOLMES, Case No. 1:21-cv-01367-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

v. CLAIMS AND DEFENDANTS

PEREZ, et al., (ECF Nos. 1, 11, 13)

Defendants. FOURTEEN (14) DAY DEADLINE 16 I. Background Plaintiff Robert Holmes (“Plaintiff”) is a former state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On January 7, 2022, the Court screened Plaintiff’s complaint and found that Plaintiff stated cognizable claims against Defendants Perez and Rocha for excessive force in violation of the Eighth Amendment, but failed to state any other cognizable claims against any other defendants. (ECF No. 11.) The Court ordered Plaintiff to either file a first amended complaint or notify the Court of his willingness to proceed only on the cognizable claims identified by the Court. (Id.) On January 27, 2022, Plaintiff notified…

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