Burns

(PC) Duran v. Burns

Good Law
United States District Court, Eastern District of CaliforniaApril 17, 20241:21-cv-01290California560 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ISAAC DURAN, Case No. 1:21-cv-01290 JLT HBK (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DIRECTING THIS

v. ACTION PROCEED ON COGNIZABLE

CLAIMS, DISMISSING CERTAIN CLAIMS

J. BURNS, et al., AND DEFENDANTS, AND Defendants. (Doc. 25) 16 Isaac Duran sought to proceed pro se in this civil rights action for violations of his civil rights while incarcerated at California State Prison- Corcoran. (Doc. 1.) Though Plaintiff filed an amended complaint (Doc. 21), he then requested to proceed on his original complaint on September 19, 2023 (Doc. 22). The assigned magistrate judge again screened Plaintiff’s initial complaint and found he stated cognizable claims under the Eighth Amendment for excessive force and failure to intervene. (Doc. 24.) The Court served its Second Screening Order on October 23, 2023. However, the U.S. Postal Service returned the order as “Undeliverable, Deceased”…

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