Juarez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL ANTHONY PENA, No. 1:23-cv-1400 JLT SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDTIONS AND DISMISSING

v. PLAINTIFF’S BANE ACT CLAIM J. JUAREZ, et al., (Doc. 12) Defendants. 16 Daniel Anthony Pena seeks to hold the defendants liable for violations of his rights arising under federal and state law. (Doc. 11.) The assigned magistrate judge screened Plaintiff’s First Amended Complaint pursuant to 28 U.S.C. § 1915A(a), and determined Plaintiff stated cognizable claims for excessive force and failure to protect. (Doc. 12 at 3-4.) However, the magistrate judge found Plaintiff failed to comply with the Government Claims Act and was unable to proceed with the claim arising under the Bane Act. (Id. at 5.) Therefore, the magistrate judge recommended the Bane Act claim be dismissed and the action proceed only on the claims arising under federal law. (Id. at 6.) The Findings and…