Hosey

(PC) Beavers v. Hosey

Good Law
United States District Court, Eastern District of CaliforniaOctober 30, 20231:21-cv-00650California7,406 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GARY LEE BEAVERS, Case No. 1:21-cv-00650-HBK (PC) ORDER Plaintiff, TO ASSIGN A DISTRICT JUDGE v. FINDINGS AND RECOMMENDATIONS TO

DISMISS CERTAIN CLAIMS AND

OFFICER HOSEY, et al., DEFENDANTS1 Defendants. 14-DAY OBJECTION PERIOD (Doc. No. 14) 17 Pending before the Court for screening under 28 U.S.C. § 1915A is the first amended pro se civil rights complaint filed under 42 U.S.C. § 1983 by Gary Lee Beavers—a prisoner. (Doc. No. 14, “FAC”). The undersigned finds the FAC states an Eighth Amendment failure to protect claim against Defendants Hosey, Espinosa, and Mendoza, but fails to state any other related and cognizable claim. The undersigned recommends that Plaintiff be permitted to proceed only on these claims deemed cognizable and the remaining claims and Defendants be dismissed. BACKGROUND AND SUMMARY OF OPERATIVE COMPLAINT Plaintiff initiated this…

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