(PC)Kirkwood
(PC)Kirkwood v. Ramirez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LARRY KIRKWOOD, Case No.: 1:23-cv-00314-SKO (PC) Plaintiff,
FINDINGS AND RECOMMENDATIONS TO
v. DISMISS CERTAIN CLAIMS AND
DEFENDANTS
K. RAMIREZ, (Docs. 8 & 9) Defendant. 14-DAY OBJECTION PERIOD 16 Clerk of the Court to Assign District Judge
18 Plaintiff Larry Kirkwood is appearing pro se and in forma pauperis in this civil rights 19 action pursuant to 42 U.S.C. § 1983.
I. RELEVANT BACKGROUND
21 On October 17, 2023, the Court issued its First Screening Order. (Doc. 8.) It found 22 Plaintiff stated a cognizable Eighth Amendment failure to protect claim against Defendant 23 Ramirez but had failed to state any other cognizable claim against any other defendant. (Id. at 4- 24 14.) Plaintiff was directed to do one of the following within 21 days: (1) notify the Court he did 25 not wish to file an amended complaint and instead was willing to proceed only on the Eighth 26 Amendment failure to protect claim against Defendant Ramirez with the remaining claims to…