(PC) Howell v. Burns ( 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-00568-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS NOT FOUND 13 v. COGNIZABLE 14 J. BURNES, et al., 14-DAY DEADLINE 15 Defendants. Clerk of Court to assign a District Judge 16 17 On February 3, 2020, the Court screened Plaintiff’s complaint (Doc. 1) and found that it 18 states cognizable claims under the Eighth Amendment against J. Burnes, C. Gamboa, and A. 19 Randolph, but not against J. Ceballos and an unnamed warden. (Doc. 10.) The Court directed 20 Plaintiff to file a first amended complaint curing the deficiencies identified in its order or notify 21 the Court that he wishes to proceed only the claims found cognizable. (Id.) 22 In response to the Court’s screening order, Plaintiff filed a notice that he “would like to 23 proceed … only on the claims found to be cognizable by the court … against Defendants Burnes, 24 Gamboa, and Randolph,” and he “would like Defendants Ceballos and the warden to be 25 dismissed.” (Doc. 11.) For this reason, and for the reasons set forth in the Court’s screening order 26 (Doc. 10), the Court RECOMMENDS that Ceballos and the warden be DISMISSED. The Court 27 DIRECTS the Clerk of the Court to randomly assign a District Judge to this action. 1 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of 2 the date of service of these Findings and Recommendations, Plaintiff may file written objections 3 with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings 4 and Recommendations.” Failure to file objections within the specified time may result in waiver 5 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 6 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 7 IT IS SO ORDERED. 8 9 Dated: February 21, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27