Gutierrez
(PC) Martin v. Gutierrez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JARED ANDREW MARTIN, Case No. 1:22-cv-00600-ADA-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS
REGARDING DISMISSAL OF CERTAIN
v. CLAIMS AND DEFENDANTS
GUTIERREZ, et al., (ECF Nos. 1, 12, 13)
Defendants. FOURTEEN (14) DAY DEADLINE 16 I. Background Plaintiff Jared Andrew Martin (“Plaintiff”) is a county jail inmate and former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 16, 2022, the Court screened Plaintiff’s complaint and found that Plaintiff stated a cognizable claim against Defendant Gutierrez 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. 12.) The Court ordered Plaintiff to either file a first amended complaint or notify the Court of his willingness to proceed only on the cognizable claim identified by the…