(PC) Howell v. Gallagher ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KAREEM J. HOWELL, Case No. 1:19-cv-0654-JLT (PC) 12 Plaintiff, ORDER TO ASSIGN A DISTRICT JUDGE; AND 13 v. FINDINGS AND RECOMMENDATIONS TO 14 J. GALLAGHER, et al., PROCEED ONLY ON COGNIZABLE 15 Defendants. CLAIMS 16 FOURTEEN-DAY DEADLINE 17 Plaintiff’s complaint was screened and found to state several cognizable claims: (1) an 18 Eighth Amendment claim for denial of food against defendants Burnes, Gallagher, Rodriguez, and 19 Randolph; (2) a First Amendment retaliation claim against defendants Burnes, Loza, Rodriguez, 20 and Ruiz; (3) an Eighth Amendment excessive force claim against defendants Ruiz and Rodriguez; 21 and (4) an Eighth Amendment failure to protect claim against defendants Burnes and Loza. (Doc. 22 9.) No other claims were cognizable as pled. 23 Plaintiff was then directed to file a notice as to whether he wished to proceed on his 24 complaint as screened, to stand on his complaint, or to file an amended complaint. He has now filed 25 a notice of his intent to proceed on the complaint as screened. (Doc. 10.) 26 Accordingly, the Court ORDERS that a district judge be assigned to this case; and 27 The Court RECOMMENDS that this action proceed only on the claims identified above and 28 1 for the reasons stated in the November 26, 2019, Screening Order. All other claims and defendants 2 should be dismissed. 3 These Findings and Recommendations will be submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these Findings and Recommendations, the parties may file written 6 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” The parties are advised that failure to file objections within the 8 specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 9 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 10 IT IS SO ORDERED. 11 12 Dated: January 9, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28