(PC) Howell v. Silva ( 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. 1:20-cv-00133-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS DEFENDANTS AND CLAIM 13 v. 14 SILVA, et al., 14-DAY DEADLINE 15 Defendants. Clerk of the Court to assign a District Judge 16 17 On May 18, 2020, the Court screened Plaintiff’s complaint and found that it states 18 cognizable First and Eighth Amendment claims against Defendant Silva but that all other claims 19 are not cognizable. (Doc. 10.) The Court therefore directed Plaintiff to file a first amended 20 complaint curing the deficiencies identified in its order or notify the Court that he wishes to 21 proceed only on the claims found cognizable and to dismiss the remaining claims and defendants. 22 (Id. at 7.) 23 On June 2, 2020, Plaintiff filed a notice that he “only wish[es] to proceed on claims found 24 to be cognizable by the court against Defendant Silva for retaliation [and] deliberate 25 indifference.” (Doc. 11.) Accordingly, and for the reasons set forth in the Court’s screening order 26 (Doc. 10), the Court RECOMMENDS that: 27 1. Defendants Harris, Knight, and Millier be DISMISSED; and, 2. Plaintiff’s claim regarding his administrative grievance (Claim III of the 1 complaint) be DISMISSED. Plaintiff’s claims of retaliation (Claim I) and 2 deliberate indifference to serious medical needs (Claim II) should be allowed to 3 proceed. 4 The Court DIRECTS the Clerk of the Court to assign a district judge to this action. 5 These Findings and Recommendations will be submitted to the United States District 6 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of 7 the date of service of these Findings and Recommendations, Plaintiff may file written objections 8 with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings 9 and Recommendations.” Failure to file objections within the specified time may result in waiver 10 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 11 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 12 IT IS SO ORDERED. 13 14 Dated: June 3, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27