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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISAAC DURAN, Case No. 1:21-cv-01290 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DIRECTING THIS

13 v. ACTION PROCEED ON COGNIZABLE

CLAIMS, DISMISSING CERTAIN CLAIMS

14 J. BURNS, et al., AND DEFENDANTS, AND 15 Defendants. (Doc. 25) 16 17 Isaac Duran sought to proceed pro se in this civil rights action for violations of his civil 18 rights while incarcerated at California State Prison- Corcoran. (Doc. 1.) Though Plaintiff filed an 19 amended complaint (Doc. 21), he then requested to proceed on his original complaint on 20 September 19, 2023 (Doc. 22). The assigned magistrate judge again screened Plaintiff’s initial 21 complaint and found he stated cognizable claims under the Eighth Amendment for excessive 22 force and failure to intervene. (Doc. 24.) The Court served its Second Screening Order on 23 October 23, 2023. However, the U.S. Postal Service returned the order as “Undeliverable, 24 Deceased”…

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