(PC) Roberts v. Deleon ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRIAN TYRONE ROBERTS, Case No. 1:18-cv-01551-JDP 12 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT NON-COGNIZABLE CLAIMS BE 13 v. DISMISSED 14 J. DELEON, et al., OBJECTIONS DUE IN 14 DAYS 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought 18 under 42 U.S.C. § 1983. On August 7, 2019, I screened plaintiff’s complaint and found that he 19 stated (1) excessive force claims against defendants Deleon, Gutierrez, Sauvannakham, Lima, and 20 Escalante; and (2) failure to protect claims against defendants Garcia and Vera. ECF No. 21. I 21 found no other cognizable claims. Id. In response to the screening order, plaintiff notified the 22 court that he would proceed only on the cognizable claims. ECF No. 19. Therefore, I 23 recommend dismissal of all other claims and defendants. 24 Under 28 U.S.C. § 636(c)(1), all parties named in a civil action must consent to a 25 magistrate judge’s jurisdiction before that jurisdiction vests for “dispositive decisions.” Williams 26 v. King, 875 F.3d 500, 504 (9th Cir. 2017). No defendant has appeared or consented to a 27 magistrate judge’s jurisdiction, so any dismissal of a claim requires an order from a district judge. 28 1 | Jd. Thus, the undersigned submits the following findings and recommendations to a United 2 | States District Judge under 28 U.S.C. § 636(b)(): 3 1. Plaintiff states excessive force claims against defendants Deleon, Gutierrez, 4 Souvannakham, Lima, and Escalante. 5 2. Plaintiff states failure to protect claims against defendants Garcia and Vera. 6 3. Plaintiff's remaining claims and all other defendants should be dismissed without 7 prejudice. 8 Within fourteen days of service of these findings and recommendations, the parties may 9 | file written objections with the court. If the parties file such objections, they should do so ina 10 | document captioned “Objections to Magistrate Judge’s Findings and Recommendations.” The 11 | parties are advised that failure to file objections within the specified time may result in the waiver 12 | of rights on appeal. See Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing 13 | Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 14 1s IT IS SO ORDERED. 16 ( Caan Dated: _ August 21, 2019 17 UNI STATES MAGISTRATE JUDGE 18 19 20 | No. 204 21 22 23 24 25 26 27 28