Burnes

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJAMIN JUSTIN BROWNLEE, Case No. 1:23-cv-00376-HBK (PC) Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE v. FINDINGS AND RECOMMENDATIONS TO

PERMIT PLAINTIFF TO PROCEED ON

SGT. J. BURNES, M. RIVERA, P. COGNIZABLE CLAIMS AND DISMISS RODRIGUEZ, and J.J. FLORES, REMAINING CLAIMS1 15 Defendants. (Doc. No. 18)

17 Plaintiff Benjamin Justin Brownlee is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff proceeds on his First Amended Complaint. (Doc. No. 18, “FAC”). As more fully set forth below, the undersigned finds the FAC states cognizable Eighth Amendment excessive use of force claims against Defendants Burnes, Rivera, Rodriguez, and Flores, Eighth Amendment sexual assault claims against Defendants Rivera and Rodriguez, and an Eighth Amendment failure to intervene claim against Defendant Flores, but no other claims. Therefore, the undersigned recommends that 25 …