(PC) Dalke v. King ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA JASON DALKE, ) Case No.: 1:20-cv-00534-AWI-SAB (PC) ) 12 Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS 13 v. ) RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS 14 KING CLARK, et al., ) ) (ECF Nos. 24, 25) 15 Defendants. ) ) 16 ) ) 17 ) 18 Plaintiff Joshua Jason Dalke is proceeding pro se and in forma pauperis in this civil rights 19 action pursuant to 42 U.S.C. § 1983. 20 On August 34, 2020, the undersigned screened Plaintiff’s second amended complaint and 21 found that Plaintiff stated a cognizable claim for deliberate indifference against Defendants Cordona, 22 Algatar, Vera, Fugate and Romos. (ECF No. 24.) However, Plaintiff was advised that he failed to 23 state any other cognizable claims. (Id.) Therefore, Plaintiff was advised that he could file an amended 24 complaint or a notice of intent to proceed on the claims found to be cognizable. (Id.) 25 On September 2, 2020, Plaintiff filed a notice of intent to proceed only on the retaliation and 26 deliberate indifference claims against Defendants Cordona, Algatar, Vera, Fugate and Romos and 27 dismiss all other claims and Defendants. (ECF No. 25.) 28 /// wOAOe UVEITIS MUO OOO Ie OY Ove 1 Based on Plaintiff's September 2, 2020 notice, the Court will recommend that this action 2 || proceed against Defendants Cordona, Algatar, Vera, Fugate and Romos for deliberate indifference to 3 || Plaintiff's safety. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic 4 || Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). 5 Accordingly, it is HEREBY RECOMMENDED that: 6 1. This action proceed against Defendants Cordona, Algatar, Vera, Fugate and Romos f 7 deliberate indifference to Plaintiff's safety; and 8 2. All other claims and Defendants be dismissed for failure to state a cognizable claim 9 for relief. 10 These Findings and Recommendations will be submitted to the United States District Judge 11 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) days 12 || after being served with these Findings and Recommendations, Plaintiff may file written objections 13 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 14 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 15 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 16 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 17 18 IT IS SO ORDERED. A (Fe 19 ll Dated: _ September 3, 2020 OF ; 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28