Harrison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANTE RENEE BUDD, No. 2:23-cv-2313 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. HARRISSON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, in an action brought under 42 U.S.C. § 1983. On December 12, 2023, the undersigned found that plaintiff’s amended complaint stated potentially cognizable Eighth Amendment claims against defendants J. Harrison, S. Martinez, and R. Guillermo, but did not state cognizable claims under the Fourth or Fourteenth Amendments. Plaintiff was granted thirty days to elect to proceed solely as to his Eighth Amendment claims or to file a second amended complaint and was cautioned that failure to do so would result in a recommendation that his Fourth and Fourteenth Amendment claims be dismissed. Thirty days have now passed, and plaintiff has not filed a notice of election or second amended complaint. In his amended complaint, plaintiff…