(PC)Facundo

(PC)Facundo v. Hill

Good Law
United States District Court, Eastern District of CaliforniaMay 1, 20231:22-cv-00285California1,518 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOE FACUNDO, Case No. 1:22-cv-00285-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION WITHOUT

v. PREJUDICE FOR FAILURE TO OBEY

COURT ORDERS AND FAILURE TO

HILL, et al., PROSECUTE

Defendants. 14-DAY DEADLINE

Clerk of the Court to Assign District Judge

Plaintiff Joe Facundo is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. I. INTRODUCTION On March 1, 2023, the Court issued its First Screening Order. (Doc. 9.) The Court determined Plaintiff’s complaint plausibly alleged an Eighth Amendment failure to protect violation against Defendant Hill. However, Plaintiff’s complaint failed to state any other cognizable claim against any other named Defendant. (Id. at 4-6.) The Court directed Plaintiff to elect one of the following options: (1) to file a first amended…

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