(PC) Hill v. Duncan ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNATHAN L. HILL, Case No. 1:20-cv-00250-NONE-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS 13 v. 14 J. DUNCAN; S. AVILA, 14-DAY DEADLINE 15 Defendants. ORDER REGARDING RESPONSIVE PLEADING BY DEFENDANT AVILA 16 17 On March 9, 2020, the Court screened Plaintiff’s complaint and found that it states 18 cognizable claims against Defendant Duncan for violations of the Eighth Amendment for 19 excessive force and for violations of state law for assault, battery, and negligence. (Doc. 4.) The 20 Court found that the complaint states claims against Defendant Avila for violations of the Eighth 21 Amendment for failure to intercede and for violations of state law for negligence. (Id.) The Court 22 found that all other claims were not cognizable. (Id.) The Court directed Plaintiff to file an 23 amended complaint curing the deficiencies identified or to notify the Court that he wished to 24 proceed only on the claims found cognizable. (Id. at 10.) 25 On June 4, 2020, Plaintiff filed a notice that he wishes to “proceed on the claims the court 26 found cognizable.” (Doc. 13.) Accordingly, and for the reasons set forth in the Court’s screening 27 order (Doc. 4), the Court RECOMMENDS that all the claims in Plaintiff’s complaint be 1 U.S.C. § 1983 and assault, battery, and negligence under state law against Duncan (Counts 1 2 through 4 of the complaint) and (2) Plaintiff’s claims of Eighth Amendment failure to intercede 3 under 42 U.S.C. § 1983 and negligence under state law against Avila (Counts 8 and 9). 4 Defendant Avila SHALL file a responsive pleading to Plaintiff’s complaint by the date 5 Defendant Duncan is directed to file same. (See Order Finding Service of Complaint Appropriate 6 and Directing Service, filed concurrently herewith.) 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, the parties 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 16 Dated: June 11, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27