(PC) Stone v. Pfieffer

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA ADAM JAY STONE, ) Case No. 1:21-cv-01461-DAD-SAB (PC) ) 12 Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS 13 v. ) RECOMMENDING DISMISSAL OF CERTAIN DEFENDANTS AND CLAIMS ) C. PFIEFFER, ) 15 Defendant. ) ) 16 ) 17 Plaintiff Adam Jay Stone is proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 18 1983.

19 Plaintiff filed the instant action on September 30, 2021, and Plaintiff paid the filing fee on December 17, 2021. Plaintiff filed a first amended complaint on January 10, 2022. (ECF No. 22.)

21 On March 23, 2022, the Court screened the first amended complaint, found that Plaintiff stated a cognizable excessive force claim against Defendants Anderson, B. Gonzales, G. Morales, and K.

23 Gonzales, and granted Plaintiff leave to file a second amended complaint or notify the Court of his intent to proceed only on the excessive force claim. (ECF No. 26.) On April 4, 2022, Plaintiff filed a notice to proceed only on the excessive force claim. (ECF No. 27.)

26 /// /// /// 1 Accordingly, it is HEREBY RECOMMENDED that: 2 1. This action proceed on Plaintiff's excessive force claim against Defendants Andersor 3 B. Gonzales, G. Morales, and K. Gonzales; and 4 2. All other Defendants and claims be dismissed from the action for failure to state a 5 cognizable claim for relief.

6 These Findings and Recommendations will be submitted to the United States District Judge || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days g || after being served with these Findings and Recommendations, Plaintiff may file written objections || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

14 |} ITIS SO ORDERED.

A (re || ated: _ April 6, 2022 OF 16 UNITED STATES MAGISTRATE JUDGE