(PC) Thomas v. Kern Valley State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICHARD LEE THOMAS, Case No.: 1:21-cv-1675 JLT SKO (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. CERTAIN CLAIMS AND DEFENDANTS,

AND DIRECTING THE CLERK OF COURT

KERN VALLEY STATE PRISON, et al., TO UPDATE THE DOCKET

Defendants. (Doc. 17)

16 Richard Lee Thomas seeks to hold the defendants liable for civil rights violations pursuant to 42 U.S.C. § 1983. The magistrate judge screened Plaintiff’s First Amended Complaint pursuant to 28 U.S.C. § 1915A(a), and found Plaintiff stated cognizable claim for: (1) excessive force in violation of the Eighth Amendment against Peralta and Sandoval, and (2) failure to intervene against Melendez. However, Plaintiff’s remaining claims were not cognizable. (Doc. 14.) After Plaintiff notified the Court that he did not wish to amend the complaint (Doc. 15 at 5), the magistrate judge recommended the action proceed only on the cognizable claims against 24 …