(PC) Reed v. Miguel ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TAMECUS REED, Case No. 1:20-cv-00121-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS DEFENDANTS AND CLAIM 13 v. 14 M. MIGUEL, et al., 14-DAY DEADLINE 15 Defendants. Clerk of the Court to assign a District Judge 16 17 the Court screened Plaintiff’s complaint and found that it states cognizable retaliation 18 claims against Defendants Miguel and Silva, but that the due process claim and the claims against 19 Defendants Beltran and Cotter, were not cognizable. (Doc. 10.) The Court directed Plaintiff to file 20 a first amended complaint curing the deficiencies identified in its order or notify the Court that he 21 wishes to proceed only on the claims found cognizable. (Id. at 7.) 22 Plaintiff has now filed a notice that he wishes to proceed only on the claims found 23 cognizable and to “dismiss [his] due process claim and dismiss Beltran and Cotter as defendants.” 24 (Doc. 11.) Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 10), the 25 Court RECOMMENDS: 26 1. Defendants Beltran and Cotter be DISMISSED; and, 27 2. Plaintiff’s due process claim (Claim II of the complaint) be DISMISSED. The Court DIRECTS the Clerk of the Court to assign a district judge to this action. 1 These Findings and Recommendations will be submitted to the United States District 2 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of 3 the date of service of these Findings and Recommendations, Plaintiff may file written objections 4 with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings 5 and Recommendations.” Failure to file objections within the specified time may result in waiver 6 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 7 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 8 IT IS SO ORDERED. 9 10 Dated: June 7, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27