(PC) Lovell v. Wakabayashi ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ANTHONY LOVELL II, No. 2:19-cv-1555 JAM AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 N. WAKABAYASHI, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 18 complaint filed pursuant to 42 U.S.C. § 1983, which challenges conditions of his prior 19 confinement in the Solano County Jail. This action is referred to the undersigned United States 20 Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). 21 By order filed September 25, 2019, this court screened plaintiff’s complaint pursuant to 28 22 U.S.C. § 1915A and found that it states cognizable claims against defendants Guzman, Greiner 23 and Wakabayashi, but not against a nurse identified only as “Claudine.” See ECF No. 8 at 4-6. 24 The court provided plaintiff the options of (1) proceeding on his original complaint against all of 25 the defendants except Claudine, or (2) filing a First Amended Complaint. Plaintiff has chosen to 26 proceed on his original complaint only against defendants Guzman, Greiner and Wakabayashi. 27 See ECF No. 11. 28 //// 1 Accordingly, IT IS HEREBY RECOMMENDED that defendant “Claudine,” a certified 2 | nurse at the Solano County Jail, be dismissed from this action without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) 5 || days after being served with these findings and recommendations, plaintiff may file written 6 || objections with the court and serve a copy on all parties. Such a document should be captioned 7 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 8 | failure to file objections within the specified time may waive the right to appeal the District 9 | Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 | DATED: November 15, 2019 ~ 1 HhtAter—Chare ALLISON CLAIRE 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 DAVID ANTHONY LOVELL II, No. 2:19-cv-1555 JAM AC P 9 Plaintiff, 10 v. NOTICE OF ELECTION 11 N. WAKABAYASHI, et al., 12 Defendants. 13 14 In compliance with the court’s order filed ___________________, plaintiff elects to: 15 __________ Proceed on his original complaint against defendants Guzman, Greiner and 16 Wakabayashi, for whom the following service documents are submitted herewith: 17 ________ One (1) completed summons form 18 ________ Three (3) completed USM-285 forms (one for each defendant) ________ Four (4) copies of the endorsed original complaint 19 OR 20 21 __________ Proceed on a First Amended Complaint (FAC), submitted herewith. 22 23 24 _____________________________ ______________________________ Date Plaintiff 25 26 27 28