(PC)Johnson v. CDCR ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES JOHNSON, No. 2: 19-cv-1752 MCE KJN P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 E. HALL, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding through counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On September 5, 2019, defendants removed this action from Lassen County 19 Superior Court. (ECF No. 1.) 20 On April 7, 2020, the undersigned issued an order screening plaintiff’s first amended 21 complaint. (ECF No. 9.) The undersigned granted plaintiff thirty days from the date of the order 22 to file a second amended complaint. (Id.) If plaintiff did not file a second amended complaint 23 within thirty days, the undersigned would order defendant Hall to file a response to the potentially 24 colorable Eighth Amendment and battery claims. (Id.) The undersigned would also recommend 25 dismissal of those claims not found potentially colorable. (Id.) 26 Thirty days passed from April 7, 2020 and plaintiff did not file a second amended 27 complaint. 28 //// wOAIG 2 LUV VEEP UOUIVINYS IN RAO, I ee AY ee 1 Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this order, 2 | defendant Hall shall file a response to the potentially colorable Eighth Amendment and battery 3 | claims in the first amended complaint; and 4 For the reasons stated in the April 7, 2020 order, IT IS HEREBY RECOMMENDED that 5 | all claims in the first amended complaint but for the potentially colorable Eighth Amendment and 6 | battery claims against defendant Hall be dismissed. 7 These findings and recommendations are submitted to the United States District Judge 8 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 9 | after being served with these findings and recommendations, any party may file written 10 | objections with the court and serve a copy on all parties. Such a document should be captioned 11 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 12 | objections shall be filed and served within fourteen days after service of the objections. The 13 | parties are advised that failure to file objections within the specified time may waive the right to 14 | appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 15 | Dated: May 13, 2020 i Fensbl A Abar 17 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 18 19 John1752.ord 20 21 22 23 24 25 26 27 28