(PC) Leslie v. Tiernan ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN T. LESLIE, Case No. 1:20-cv-00004-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS DEFENDANT 13 v. 14 E. GOVEA; D. TIERNAN, 14-DAY DEADLINE 15 Defendants. Clerk of the Court to assign a District Judge 16 17 On March 29, 2020, the Court screened Plaintiff’s complaint (Doc. 1) and found that it 18 states a cognizable claim against D. Tiernan but not E. Govea. (Doc. 6.) The Court therefore 19 directed Plaintiff to file a first amended complaint curing the deficiencies identified in its order or 20 notify the Court that he wishes to proceed only on the claim found cognizable. (Id. at 5.) 21 In response to the Court’s screening order, Plaintiff filed a notice “requesting … to 22 proceed on the cognizable claim against D. Tiernan, and to remove E. Govea.” (Doc. 7.) 23 Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 6), the Court 24 RECOMMENDS that Defendant Govea be DISMISSED. The Court DIRECTS the Clerk of the 25 Court to assign a District Judge to this action. 26 These Findings and Recommendations will be submitted to the United States District 27 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of the date of service of these Findings and Recommendations, Plaintiff may file written objections 1 with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings 2 and Recommendations.” Failure to file objections within the specified time may result in waiver 3 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 4 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 5 IT IS SO ORDERED. 6 7 Dated: April 10, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27