(PC) Choate v. Fowler ( 2020 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 WILLIAM J. GRADFORD, Case No. 1:20-cv-543-NONE-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS, 10 RECOMMENDING THAT CERTAIN v. CLAIMS AND DEFENDANTS BE 11 DISMISSED F. VELASCO, et al., 12 (ECF NOS. 1 & 10) Defendants. 13 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 14 William J. Gradford (“Plaintiff”) is a former inmate proceeding pro se and in forma 15 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 16 Plaintiff filed his Complaint on April 16, 2020. (ECF No. 1). The Court screened 17 Plaintiff’s complaint. (ECF No. 10). The Court found Plaintiff stated claims against Defendant 18 F. Velasco for verbal harassment in violation of the Fourteenth Amendment and against 19 Defendants F. Velasco and T. Webster for retaliation in violation of the First Amendment. The 20 21 Court found that Plaintiff has failed to state any other claims. The Court allowed Plaintiff to 22 choose between proceeding only on the claims found cognizable by the Court in the screening 23 order or filing an amended the complaint. (Id. at 13). On August 14, 2020, Plaintiff notified 24 the Court that he wants to proceed only on the claims found cognizable in the screening order. 25 (ECF No. 11). 26 Accordingly, for the reasons set forth in the Court’s screening order that was entered on 27 July 27, 2020 (ECF No. 10), and because Plaintiff has notified the Court that he wants to 28 proceed only on the claims found cognizable in the screening order (ECF No. 11), it is wOASe LADY □□□ EOIN □□ SINNOTT Vo POI VOPOreN FP OAyeh eo VIS 1 |] HEREBY RECOMMENDED that all claims and defendants be dismissed, except for Plaintiff's 2 ||claims against Defendant F. Velasco for verbal harassment in violation of the Fourteenth 3 || Amendment and against Defendants F. Velasco and T. Webster for retaliation in violation of 4 First Amendment. 5 These findings and recommendations are submitted to the United States district judge 6 || assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within fourteen 7 || (14) days after being served with these findings and recommendations, Plaintiff may file 8 || written objections with the Court. The document should be captioned “Objections to 9 || Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 10 || objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 11 || Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 12 || (9th Cir. 1991)). 13 IT IS SO ORDERED. ‘5 |! Dated: _ August 17, 2020 [see hey 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28