(PC) Saldana v. St. Andre

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SAMUEL SALDANA, No. 2:22-cv-00801-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

ST. ANDRE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought under 42 U.S.C. § 1983. On August 31, 2022, the court informed plaintiff that he could proceed with a potentially cognizable Eighth Amendment excessive force claim against defendant Gonzales, or he could file an amended complaint in an effort to also state a claim against defendant Kersh. ECF No. 16. Plaintiff has elected not to amend his complaint and to proceed only with the claim identified by the court. ECF No. 17. Accordingly, it is ORDERED that the Clerk of the Court randomly assign a United States District Judge to this case. Further, it is RECOMMENDED that plaintiff’s claims against defendant Kersh be dismissed without prejudice. These findings and recommendations are…