(PC) Gann v. Ugwueze ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NATHANIEL MARCUS GANN, Case No. 1:19-cv-01350-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS DEFENDANTS 13 v. 14 CDCR, et al., 14-DAY DEADLINE 15 Defendants. Clerk of the Court to assign a District Judge 16 17 On August 12, 2020, the Court screened Plaintiff’s first amended complaint and found 18 that it states cognizable claims against Defendants Arietta, Hashemi, Igbinosa, Kokor, Pacheco, 19 and Ugwueze, but not against Defendants CDCR, CSATF, and Stronach. (Doc. 16.) The Court 20 therefore directed Plaintiff to file a second amended complaint curing the deficiencies in his 21 pleading or to notify the Court that he wishes to proceed only on the claims found cognizable. (Id. 22 at 12-13.) 23 On August 21, 2020, Plaintiff filed a notice that he “elects to proceed on the claims found 24 cognizable.” (Doc. 17.) Accordingly, and for the reasons set forth in the Court’s screening order 25 (Doc. 16), the Court RECOMMENDS that Defendants CDCR, CSATF, and Stronach, and the 26 claims against these defendants, be DISMISSED. The Court DIRECTS the Clerk of the Court to 27 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: August 23, 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