(PC) McQueen v. State of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMORY MCQUEEN, No. 2:17-cv-0378 WBS AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS STATE OF CALIFORNIA, et al., Defendants. 16 Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 12, 2022, the undersigned screened plaintiff’s Second Amended Complaint (“SAC”) and determined that it contained some claims against some defendants that are suitable to proceed, as well as others that fail to state a claim. ECF No. 24. Accordingly, plaintiff was given the choice either to amend the SAC or to proceed solely on the viable claims, and he was given fourteen days within which to inform the court of his decision. See id. at 9-10. More than fourteen days have passed, and plaintiff has not filed the…