(PC)Bonner v. Gipson et al, No. 1:2014cv00610 - Document 10 (E.D. Cal. 2014)

Court Description: FINDINGS and RECOMMENDATIONS recommending that This Action Proceed on Plaintiff's Excessive Force Claims Against Defendants Sgt. Scaife and C.O. Holguin and That All Other Claims and Defendants be Dismissed re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Jennifer L. Thurston on 7/9/2014. Referred to Judge O'Neill. Objections to F&R due within thirty (30) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM ROY BONNER, 12 Plaintiff, 13 v. 14 GIPSON, et al., 15 Defendants. Case No. 1:14-cv-00610-LJO-JLT (PC) FINDINGS AND RECOMMENDATION THAT ACTION PROCEED ON PLAINTIFF'S EXCESSIVE FORCE CLAIMS AGAINST DEFENDANTS SGT. SCAIFE & C.O. HOLGUIN AND THAT ALL OTHER CLAIMS AND DEFENDANTS BE DISMISSED 16 (Doc. 1, 8) 17 RESPONSE DUE WITHIN 30 DAYS 18 19 I. Background Plaintiff, William Roy Bonner, is a state prisoner proceeding pro se and in forma pauperis 20 in this civil action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint in this action on 21 April 25, 2014. (Doc. 1.) On June 11, 2014, the Court screened the Complaint pursuant to 28 22 U.S.C. § 1915A and found that it stated cognizable claims against Defendants Sgt Scaife and 23 C.O. Holguin for using excessive force in violation of the Eighth Amendment. (Doc. 8.) 24 However, the Court found that Plaintiff’s Complaint failed to state any cognizable claims. (Id.) 25 The Court ordered Plaintiff to either remedy the deficiencies in his non-cognizable claims 26 via an amended complaint or to notify the Court that Plaintiff wishes to proceed only on the 27 claim(s) found to be cognizable. (Id.) On June 25, 2014, Plaintiff informed the Court that he 28 wishes to proceed solely on the claim(s) found to be cognizable in the Court’s June 11, 2014 1 1 order. (Doc. 9.) 2 II. 3 Findings and Recommendation Plaintiff=s Complaint states cognizable claims for relief against Defendants Sgt. Scaife and 4 C.O. Holguin for using excessive force in violation of the Eight Amendment. However, Plaintiff 5 does not state any other claims against Defendants Sgt. Scaife and/or C.O. Holguin upon which 6 relief may be granted, nor does it state any cognizable claims against any other Defendant named 7 in this action. Plaintiff was provided with the option of filing an amended complaint or 8 proceeding with the claims found to be cognizable by the Court. Plaintiff opted to proceed on his 9 cognizable claims under the Eighth Amendment for use of excessive force against Defendants 10 Sgt. Scaife and C.O. Holguin. 11 Accordingly, based on the foregoing, it is HEREBY RECOMMENDED that: 12 1. This action proceed on Plaintiff=s Complaint, filed April 25, 2014, against 13 Defendants Sgt. Scaife and C/O Holguin on Plaintiff's Eighth Amendment 14 excessive force claims; 2. 15 all other claims and Defendants should be dismissed for Plaintiff's failure to state a claim upon which relief may be granted; and 16 3. 17 the action should be referred back to the Magistrate Judge for service and further proceedings. 18 These Findings and Recommendations will be submitted to the United States District 19 20 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within 30 21 days after being served with these Findings and Recommendations, Plaintiff may file written 22 objections with the Court. The document should be captioned AObjections to Magistrate Judge=s 23 Findings and Recommendations.@ 24 /// 25 /// 26 /// 27 /// 28 /// 2 1 2 Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court=s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 4 5 6 IT IS SO ORDERED. Dated: July 9, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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