(PC) Davis v. California Department of Corrections and Rehabilitation

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AARON GENE DAVIS, Case No. 1:21-cv-1769 JLT HBK (PC) 12 Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING THE

13 v. ACTION WITHOUT PREJUDICE, AND

DIRECTING THE CLERK OF COURT TO

14 CDCR, et al., CLOSE THE CASE 15 Defendants. (Doc. 26) 16 17 Aaron Gene Davis filed this action, seeking to hold the defendants liable for violations of 18 his civil rights while incarcerated at North Kern State Prison. (Docs. 7, 23.) The magistrate 19 judge screened the amended complaint pursuant to 28 U.S.C. § 1915A and found Plaintiff stated a 20 cognizable claim for excessive force, but his other claims were not cognizable. (Doc. 23.) The 21 magistrate judge granted Plaintiff the opportunity to proceed with his cognizable claim or file an 22 amended complaint. (Id. at 1, 9.) The magistrate judge informed Plaintiff that if he failed to 23 comply with the order, then dismissal would be recommended. (Id. at 10.) After Plaintiff…