(PC) Hernandez v. Ogboehi ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARMANDO HERNANDEZ, ) Case No.: 1:20-cv-01019-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION AND TO CHANGE SPELLING OF 14 IFEOMA OGBUEHI, et al., ) DEFENDANT OGBOEHI’S NAME ) 15 Defendants. ) FINDINGS AND RECOMMENDATION ) RECOMMENDING DISMISSAL OF CERTAIN 16 ) CLAIMS AND DEFENDANTS ) 17 ) (ECF Nos. 10, 11) 18 Plaintiff Armando Hernandez is proceeding pro se and in forma pauperis in this civil rights 19 action pursuant to 42 U.S.C. § 1983. 20 On August 17, 2020, the undersigned screened Plaintiff’s complaint and found that Plaintiff 21 stated a cognizable claim for retaliation and deliberate indifference against Defendants Ogbuehi and 22 Gonzales. (ECF No. 10.) However, Plaintiff was advised that he failed to state any other cognizable 23 claims. (Id.) Therefore, Plaintiff was advised that he could file an amended complaint or a notice of 24 intent to proceed on the claims found to be cognizable. (Id.) 25 On August 31, 2020, Plaintiff filed a notice of intent to proceed only on the retaliation and 26 deliberate indifference claims against Defendants Ogbuehi and Gonzales and dismiss all other claims 27 and Defendants. (ECF No. 11.) Plaintiff also requests that the Court change the spelling on 28 Defendant Ogboehi’s name to “Ogbuehi.” (Id.) wOoe PAID MMU tu PIO ee Yt OVI 1 Based on Plaintiff's August 31, 2020 notice, the Court will recommend that this action procee 2 || against Defendants Ogbuehi and Gonzales for retaliation and deliberate indifference to a serious 3 medical need. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. 4 || Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). The Court 5 || will also recommend all other claims and Defendants be dismissed from the action for failure to state 6 || cognizable claim for 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. The Clerk of the Court is directed to correct 9 || the spelling of Defendant Ogboehi’s name on the Court’s docket by substituting “Ifeoma Ogbuehi” fe 10 || “Ifeoma Ogboehi.” 11 Further, it is HEREBY RECOMMENDED that: 12 1. This action proceed against Defendants Ogbuehi and Gonzales for retaliation and 13 deliberate indifference; and 14 2. All other claims and Defendants be dismissed for failure to state a cognizable claim 15 for relief. 16 These Findings and Recommendations will be submitted to the United States District Judge 17 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) days 18 || after being served with these Findings and Recommendations, Plaintiff may file written objections 19 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 20 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 21 result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 22 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 23 24 IS SO ORDERED. A (Fe 2> Dated: _ September 2, 2020 OF 26 UNITED STATES MAGISTRATE JUDGE 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