(PC) Lopes v. California Department of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH LOPES, Case No. 1:22-cv-00162-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

v. CLAIMS AND DEFENDANTS

CALIFORNIA DEPARTMENT OF (ECF Nos. 1, 9, 10) CORRECTIONS, et al., FOURTEEN (14) DAY DEADLINE Defendants. 16 I. Background Plaintiff Joseph Lopes (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On April 14, 2022, the Court screened Plaintiff’s complaint and found that Plaintiff stated cognizable claims against Defendant Lima for failure to protect and failure to intervene in violation of the Eighth Amendment, but failed to state any other cognizable claims against any other defendants. (ECF No. 9.) 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…