(PC) Lewis v. Ugwueze ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DARONTA T. LEWIS, ) Case No.: 1:20-cv-00596-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION 14 DR. G. UGWUEZE, et al., ) ) FINDINGS AND RECOMMENDATION 15 Defendants. ) RECOMMENDING DISMISSAL OF CERTAIN ) CLAIMS AND DEFENDANTS 16 ) ) [ECF Nos. 17, 18] 17 ) 18 Plaintiff Daronta T. Lewis is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 On July 29, 2020, the undersigned screened Plaintiff’s complaint and found that Plaintiff 21 stated a cognizable claim for retaliation and deliberate indifference against Defendant Dr. Kokor. 22 (ECF No. 17.) However, Plaintiff was advised that he failed to state any other cognizable claims. 23 (Id.) Therefore, Plaintiff was advised that he could file an amended complaint or a notice of intent to 24 proceed on the claims found to be cognizable. (Id.) 25 On August 14, 2020, Plaintiff filed a notice of intent to proceed only on the retaliation and 26 deliberate indifference claims against Defendant Dr. Kokor and dismiss all other claims and 27 Defendants. (ECF No. 18.) 28 /// wOoe 4:6 VV YMA SAD MUO Ot PO VOPLOeEN FP OAyet Oo VI 1 Based on Plaintiff's August 14, 2020 notice, the Court will recommend that this action procee 2 || against Defendant Dr. Kokor for retaliation and deliberate indifference to a serious medical need. Fe 3 R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.. 4 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). The Court will also recommend 5 |} all other claims and Defendants be dismissed from the action for failure to state a cognizable claim fc 6 || relief. 7 Accordingly, based on the foregoing, it is HEREBY ORDERED that the Clerk of Court 8 randomly assign a Fresno District Judge to this action. 9 Further, it is HEREBY RECOMMENDED that: 10 1. This action proceed against Defendant Dr. Kokor for retaliation and deliberate 11 indifference; and 12 2. All other claims and Defendants be dismissed for failure to state a cognizable claim 13 for relief. 14 These Findings and Recommendations will be submitted to the United States District Judge 15 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) days 16 || after being served with these Findings and Recommendations, Plaintiff may file written objections 17 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 18 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 19 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 20 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 21 22 IT IS SO ORDERED. A (Fe 23 pated: _ August 17, 2020 OF 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28