(PC) Edwards v. Smith

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CHARLES A. EDWARDS, 1:20-cv-01822-GSA-PC

Plaintiff, ORDER FOR CLERK TO RANDOMLY

ASSIGN A UNITED STATES DISTRICT

vs. JUDGE TO THIS CASE

D. SMITH, AND

Defendants. FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE

PROCEED ONLY AGAINST

DEFENDANT DON SMITH WITH

PLAINTIFF’S EXCESSIVE FORCE

CLAIM, AND THAT ALL OTHER

CLAIMS BE DISMISSED FOR FAILURE

TO STATE A CLAIM

OBJECTIONS DUE ON OR BEFORE

APRIL 25, 2023

18 19 I. BACKGROUND Charles A. Edwards (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. On December 28, 2020, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) On March 25, 2022, the Court dismissed the Complaint for failure to state…