Clarke

(PC) Mills v. Clarke

Good Law
United States District Court, Eastern District of CaliforniaApril 24, 20231:20-cv-00498California7,458 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRYL RAY MILLS, Case No. 1:20-cv-00498-HBK (PC) Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE v. FINDINGS AND RECOMMENDATIONS TO

PERMIT PLAINTIFF TO PROCEED ON

KEN CLARKE, et al., COGNIZABLE CLAIMS AND DISMISS

REMAINING CLAIMS AND DEFENDANTS1

Defendants.

FOURTEEN-DAY OBJECTION PERIOD

16 (Doc. No. 27) 17 Plaintiff Darryl Ray Mills is a state prisoner proceeding pro se and in forma pauperis in this civil rights complaint under 42 U.S.C. § 1983. Plaintiff proceeds on his First Amended Complaint. (Doc. No. 21, “FAC”). As more fully set forth below, the undersigned finds the FAC states a cognizable Eighth Amendment excessive force claim against Defendants J. Navaro, I. Medina, O. Rodriguez, and A. Nunez, and two Eighth Amendment deliberate medical indifference claims against Defendant C. Lewis and recommends that Plaintiff be allowed to proceed only on these claims. As to Plaintiff’s remaining claims, the…

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