(PC) Thomas v. Kern Valley State Prison

Good Law
United States District Court, Eastern District of CaliforniaNovember 27, 20231:21-cv-01675California569 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICHARD LEE THOMAS, Case No.: 1:21-cv-01675-SKO (PC) Plaintiff,

FINDINGS AND RECOMMENDATIONS TO

v. DISMISS CERTAIN CLAIMS AND

DEFENDANTS

KERN VALLEY STATE PRISON, et al., 14-DAY OBJECTION PERIOD Defendants. Clerk of the Court to Assign District Judge

Plaintiff Richard Lee Thomas is proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. I. RELEVANT BACKGROUND On November 2, 2023, the Court issued its Second Screening Order. (Doc. 14.) The Court found that Plaintiff stated cognizable Eighth Amendment excessive force claims against Defendants Peralta and Sandoval, and an Eighth Amendment failure to intervene claim against Defendant Melendez, but failed to state any other cognizable claim against any other defendant. (Id. at 3-6.) Plaintiff was directed to do one of the following within 21 days: (1) notify the Court he did not wish to file a second amended…

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