(PC)Lindsey
(PC)Lindsey v. People of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
11 REGJUAN DONNELL LINDSEY, Case No. 1:23-cv-01078-NODJ-EPG (PC)
Plaintiff, ORDER VACATING PREVIOUS
FINDINGS AND RECOMMENDATIONS
v. (ECF No. 12) AND
PEOPLE OF THE STATE OF CALIFORNIA, FINDINGS AND RECOMMENDATIONS
TO DISMISS CASE WITH PREJUDICE
Defendant.
OBJECTIONS, IF ANY, DUE WITHIN
DAYS
17 Regjuan Donnell Lindsey is proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. Plaintiff generally alleges that correctional officers 19 used excessive force against him when Plaintiff refused to stand. (ECF No. 13 at 3). 20 Now that Plaintiff has filed a First Amended Complaint, the Court vacates its previous 21 Findings and Recommendations, which recommended dismissing the case without prejudice 22 for failing to prosecute, and instead, recommends that the case be dismissed with prejudice for 23 failure to state a claim. Plaintiff has 14 days from the date of service of these Findings and 24 Recommendations to file his…