Thompson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RANDY LAMAR BLACK, No. 2:21-cv-02167-TLN-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS P. THOMPSON, et al., Defendants. 16 Plaintiff is a federal prisoner proceeding with this civil action. On November 7, 2022, the court informed plaintiff that he could proceed with potentially cognizable Eighth Amendment claims against defendants Allred and Birch or he could file a second amended complaint in an effort to also state a claim against defendants Thompson, Alatory, Brown and Nimmo. ECF No. 38. Plaintiff has elected not to amend his complaint and to proceed only with the claim identified by the court. ECF No. 41. Accordingly, it is RECOMMENDED that plaintiff’s claims against Thompson, Alatory, Brown and Nimmo be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within…