Arden

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTE B. HARRIS, Case No. 1:21-cv-00818-ADA-CDB (PC)

12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CLAIMS AND DEFENDANTS

13 v.

14 D. ARDEN, et al., 14-DAY DEADLINE 15 Defendants.

16 17 Plaintiff Devonte B. Harris is a state prisoner proceeding pro se in this civil rights action 18 brought pursuant to 42 U.S.C. § 1983. 19 On November 7, 2022, the Court screened Plaintiff’s first amended complaint and found 20 that it states cognizable claims of excessive force against Defendants Arden, Gamboa, Garcia, 21 Pasillas and Perez, and of retaliation against Defendants Arden, Gamboa, Garcia and Pasillas. 22 (Doc. 11.) The Court therefore directed Plaintiff to file a second amended complaint curing the 23 deficiencies in his pleading or to notify the Court that he wishes to proceed only on the claims 24 found cognizable. (Id. at 12.) 25 On November 22, 2022, Plaintiff filed a notice that he elects “to proceed on the claims 26 [the Court] found…