Opinion

(PC) Brown v. Marroquin

Court
District Court, E.D. California
Filed
Dec 16, 2022
Cited by
0 cases
Authority
More cited than 18.2%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 BOBBY E. BROWN, 1:21-cv-00087-GSA-PC

12 Plaintiff, ORDER FOR CLERK TO RANDOMLY

ASSIGN A UNITED STATES DISTRICT

13 vs. JUDGE TO THIS CASE

14 MARROQUIN, et al., AND

15 Defendants. FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT THIS CASE

16 PROCEED ONLY WITH PLAINTIFF’S

EXCESSIVE FORCE CLAIMS AGAINST

17 DEFENDANTS C/O MARROQUIN, C/O

CAMPBELL, C/O CHAVEZ, AND C/O

18 POMPA; AND ADA CLAIMS AGAINST

DEFENDANTS C/O MARROQUIN AND

19 SERGEANT ESPINOSA; THAT ALL

OTHER CLAIMS AND DEFENDANTS BE

20 DISMISSED; AND THAT PLAINTIFF’S

MOTION FOR PRELIMINARY

21 INJUNCTIVE RELIEF BE DENIED AS

MOOT

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OBJECTIONS, IF ANY, DUE WITHIN

23 FOURTEEN DAYS

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25 I. FINDINGS

26 Bobby E. Brown (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

27 action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

28 January 21, 2021. (ECF No. 1.)

1 The Complaint names as defendants Correctional Officer (C/O) Otto Marroquin, C/O

2 Dorius Campbell, C/O D. Chavez, C/O M. Pompa, Sergeant M. Espinosa, John Doe (Medical

3 Personnel, Psy Tech), and Christian Pfeiffer (Warden, KVSP) (collectively, “Defendants”), and

4 brings claims for use of excessive force, failure to intervene, violation of the ADA, minimizing

5 Plaintiff’s injuries as minor, and false reports. Plaintiff also brings a motion for preliminary

6 injunctive relief in the Complaint.

7 The court screened the Complaint and found that it states cognizable claims for use of

8 excessive force against Defendants C/O Marroquin, C/O Campbell, C/O Chavez, and C/O

9 Pompa; and for violation of the ADA against Defendants C/O Marroquin and Sergeant Espinosa.

10 (ECF No. 9.) The court also found that Plaintiff’s motion for preliminary injunctive relief

11 should be denied as moot. (Id.) On November 28, 2022, the court issued a screening order

12 requiring Plaintiff to either (1) file a First Amended Complaint, or (2) notify the court that he is

13 willing to proceed only with the claims found cognizable by the court. (Id.)

14 On December 14, 2022, Plaintiff notified the court that he is willing to proceed only with

15 the claims found cognizable by the court. (ECF No. 10.)

16 II. ORDER, RECOMMENDATIONS AND CONCLUSION

17 Accordingly, IT IS HEREBY ORDERED that the Clerk randomly assign a United

18 States District Judge to this case.

19 AND

20 Based on the foregoing, it is HEREBY RECOMMENDED that:

21 1. This action proceed only on Plaintiff’s cognizable claims for use of excessive

22 force against Defendants C/O Marroquin, C/O Campbell, C/O Chavez, and C/O

23 Pompa; and for violation of the ADA against Defendants C/O Marroquin and

24 Sergeant Espinosa;

25 2. All remaining claims and defendants be dismissed from this action;

26 3. Plaintiff’s claims for failure to intervene, for false reports, and for minimizing

27 Plaintiff’s injuries be dismissed from this action based on Plaintiff’s failure to

28 state any claims upon which relief may be granted;

1 4. Defendants John Doe (Medical Personnel, Psy Tech) and Christian Pfeiffer

2 (Warden, KVSP) be dismissed from this action based on Plaintiff’s failure to state

3 any claims against them upon which relief may be granted;

4 5. Plaintiff’s motion for preliminary injunctive relief be denied as moot; and

5 6. This case be referred back to the Magistrate Judge for further proceedings,

6 including initiation of service of process.

7 These Findings and Recommendations will be submitted to the United States District

8 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within

9 fourteen (14) days after the date of service of these Findings and Recommendations, Plaintiff

10 may file written objections with the Court. The document should be captioned “Objections to

11 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file

12 objections within the specified time may waive the right to appeal the District Court’s order.

13 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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16 Dated: December 15, 2022 /s/ Gary S. Austin

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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