(PC) Madrid v. Anglea ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALEJANDRO MADRID, Case No. 1:19-cv-01456-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS AND 13 v. DEFENDANTS 14 H. ANGLEA, et al., 14-DAY DEADLINE 15 Defendants. Clerk of the Court to assign a District Judge 16 17 On July 14, 2020, the Court screened Plaintiff’s first amended complaint and found that it 18 states cognizable claims against Defendant Anglea in his individual capacity, but not against 19 Defendants Toubeaux or Voong. (Doc. 12.) The Court further found that the complaint’s equal 20 protection, retaliation, and official-capacity claims were not cognizable. (Id.) The Court therefore 21 directed Plaintiff to file a second amended complaint curing the deficiencies in his pleading or to 22 notify the Court that he wishes to proceed only on the claims found cognizable. (Id. at 11-12.) 23 On September 8, 2020, Plaintiff filed a notice “that he wishes to proceed only on the 24 claims found cognizable by the court.” (Doc. 15.) Accordingly, and for the reasons set forth in the 25 Court’s screening order (Doc. 12), the Court RECOMMENDS that: 26 1. Defendants Toubeaux and Voong be DISMISSED; and, 27 2. Plaintiff’s claims against Defendants Toubeaux and Voong and his equal 1 The Court DIRECTS the Clerk of the Court to assign a district judge to this action. 2 These Findings and Recommendations will be submitted to the United States District 3 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of 4 the date of service of these Findings and Recommendations, Plaintiff may file written objections 5 with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings 6 and Recommendations.” Failure to file objections within the specified time may result in waiver 7 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 8 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 9 IT IS SO ORDERED. 10 11 Dated: September 10, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27