(PC) Bland v. Moffett ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA BLAND, Case No. 1:19-cv-01750-SKO (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CERTAIN CLAIMS AND 13 v. DEFENDANTS 14 D. MOFFETT, et al., 14-DAY DEADLINE 15 Defendants. Clerk of the Court to Assign a District Judge 16 17 On April 6, 2020, the Court screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A 18 and found that it states a cognizable retaliation claim against Defendant Moffett and cognizable 19 failure to protect claims against Defendants Jaime and Stark. (Doc. 8.) The Court found that 20 Plaintiff’s complaint fails to state cognizable claims against the remaining defendants. (Id.) 21 Therefore, the Court directed Plaintiff, within 21 days, to file a first amended complaint curing 22 the deficiencies identified in its order or notify the Court that he wishes to proceed only on the 23 claims found cognizable. (Id. at 7.) The Court cautioned Plaintiff that failure to comply with its 24 order would result in a recommendation that this action proceed only on the claims found 25 cognizable and that all other claims and defendants be dismissed with prejudice. (Id. at 8.) 26 Although more than 21 days have passed, Plaintiff has failed to respond to the Court’s order. 27 Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 8), the Court RECOMMENDS that: 1 1. Defendants Bryan, Castellanos, Luna, Stane, and California Department of 2 Corrections and Rehabilitation be DISMISSED; and, 3 2. All claims in Plaintiff’s complaint be DISMISSED, except for the retaliation claim 4 against Defendant Moffett and the failure to protect claims against Defendants 5 Jaime and Stark. 6 The Court DIRECTS the Clerk of the Court to assign a district judge to this action. 7 These Findings and Recommendations will be submitted to the United States District 8 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days 9 of the date of service of these Findings and Recommendations, Plaintiff may file written 10 objections with the Court. The document should be captioned, “Objections to Magistrate Judge’s 11 Findings and Recommendations.” Failure to file objections within the specified time may result in 12 waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing 13 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 14 IT IS SO ORDERED. 15 Sheila K. Oberto 16 Dated: May 22, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27