Cervantes

(PC) Perez v. Cervantes

Good Law
United States District Court, Eastern District of CaliforniaAugust 22, 20221:22-cv-00390California4,220 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RANDY PEREZ, Case No. 1:22-cv-00390-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DISMISSAL OF CERTAIN

v. CLAIMS AND DEFENDANTS

CERVANTES, et al., (ECF Nos. 15, 16, 17)

Defendants. FOURTEEN (14) DAY DEADLINE 16 I. Background Plaintiff Randy Perez (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. On August 10, 2022, the Court screened Plaintiff’s first amended complaint and found that Plaintiff stated a cognizable claim against Defendant G. Cervantes for excessive force in violation of the Eighth Amendment, but failed to state any other cognizable claims for relief against any other defendants. (ECF No. 16.) The Court ordered Plaintiff to either file a second amended complaint or notify the Court of his willingness to proceed only on the cognizable claims identified by the Court. (Id.) On August 19, 2022,…

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