Atkinson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JONATHAN DEWITT MCDOWELL, Case No. 1:20-cv-01036-DAD-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS NON-COGNIZABLE

v.

CLAIMS AGAINST DEFENDANTS

KERN VALLEY STATE PRISON, et al., CUDAL AND WELCH

Defendants. 14-DAY DEADLINE

16 On May 24, 2022, the Court screened Plaintiff’s second amended complaint, focused solely on the claims asserted against newly added Defendants J. Cudal and Welch,1 and found it states cognizable claims of excessive force against Defendant Welch and deliberate indifference to serious medical need against Defendant Cudal, in their individual capacities. (Doc. 52.) The Court found that the remaining claims asserted against newly added Defendants Cudal and Welch were not cognizable. (Id.) The Court therefore directed Plaintiff, within 21 days, to file a third amended complaint curing the deficiencies in his pleading, or to notify the Court that he wishes to proceed only on the claims found cognizable as to the…