Favela

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH GODOY, No. 2:22-cv-01673-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

A. FAVELA, 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 November 29, 2022, the court informed plaintiff that he could proceed with an Eighth Amendment excessive force claim against defendants Favela and Weatherwax or he could file an amended complaint in an effort to also state a claim against defendants Fleshman, Appleberry, and Lozano. ECF No. 6. Plaintiff has elected not to amend his complaint and to proceed only with the claim identified by the court. ECF No. 9. 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 defendants Fleshman, Appleberry, and Lozano be dismissed without prejudice.…