(PC) Soria v. Zuniga ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN SORIA, CASE NO. 1:18-cv-0635-LJO-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO PROCEED ONLY ON COGNIZABLE 13 v. CLAIMS AND TO DISMISS ALL OTHER CLAIMS AND DEFENDANTS WITHOUT 14 RAFEL ZUNGIA, et al., LEAVE TO AMEND (Doc. 7) 15 Defendants. FOURTEEN-DAY DEADLINE 16 17 The Court screened Plaintiff’s first amended complaint and found it stated a claim under 18 the Eighth Amendment for denial of medical care against defendants Lt. Herron, Camp 19 Administrator Allison, Dr. Morales, and Case Manager Coordinator R. Gonzales. Insofar as 20 plaintiff sought to assert other claims against these and/or other defendants, the Court determined 21 they were not cognizable. The Court directed the plaintiff to file a notice indicating whether he 22 wished to stand on his pleading, to dismiss this case, or to file another amended pleading. He has 23 now submitted his notice of intent to proceed the claims the Court has found to be cognizable. 24 Accordingly, the Court RECOMMENDS that this action proceed solely on the claims 25 identified above and all other claims and defendants should be dismissed without leave to amend. 26 These findings and recommendations will be submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 28 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 3 Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 4 result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 IT IS SO ORDERED. 7 8 Dated: October 1, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28