(PC) Gonzalez v. Perez ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL HERNANDEZ GONZALEZ, No. 1:19-cv-1447-JLT (PC) 12 Plaintiff, ORDER TO ASSIGN DISTRICT JUDGE; 13 v. ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS; AND 14 GUARD H. PEREZ, et al., THIRTY-DAY DEADLINE 15 Defendants. FINDINGS AND RECOMMENDATIONS 16 TO DISMISS NON-COGNIZABLE CLAIMS AND DEFENDANTS 17 FOURTEEN-DAY DEADLINE 18 19 Plaintiff’s first amended complaint was recently screened and found to state a cognizable 20 Eighth Amendment excessive force claim against Fresno County Jail Officer R. Perez and a failure- 21 to-protect claim against Officer Mrs. Sharp. No other claims were cognizable as pled. Plaintiff was 22 then directed to submit notice as to whether he wished to proceed only on the cognizable claims, 23 whether he wished to dismiss this case, or whether he wished to stand on his pleading. Plaintiff has 24 now filed a notice of his intent to proceed on the first amended complaint as screened. Accordingly, 25 the Court ORDERS as follows: 26 1. The Clerk of Court is directed to assign a district judge to this case; 27 2. Service is appropriate for the following defendants: 28 1 OFFICER R. PEREZ 2 OFFICER MRS. SHARP 3 3. The Clerk of the Court shall send plaintiff 2 USM-285 forms, one summons, an 4 instruction sheet and a copy of the first amended complaint filed November 28, 2019. 5 4. Within thirty days from the date of this order, plaintiff shall complete the attached 6 Notice of Submission of Documents and submit the following documents to the court: 7 a. The completed Notice of Submission of Documents; 8 b. One completed summons; 9 c. One completed USM-285 form for each defendant listed above; and 10 d. 3 copies of the endorsed first amended complaint filed November 28, 2019. 11 5. Plaintiff need not attempt service on defendants and need not request waiver of service. 12 Upon receipt of the above-described documents, the court will direct the United States Marshal to 13 serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment 14 of costs. 15 In addition, the Court RECOMMENDS that all remaining claims and defendants be 16 dismissed without leave to amend. 17 These Findings and Recommendations will be submitted to the United States District 18 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 19 fourteen days after being served with these Findings and Recommendations, the parties may file 20 written objections with the Court. The document should be captioned “Objections to Magistrate 21 Judge’s Findings and Recommendations.” The parties are advised that failure to file objections 22 within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 23 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 24 25 IT IS SO ORDERED. 26 Dated: September 17, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 27 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL HERNANDEZ GONZALEZ, No. 1:19-cv-1447-JLT (PC) 12 Plaintiff, 13 v. NOTICE OF SUBMISSION 14 GUARD H. PEREZ, et al., 15 Defendants. 16 17 Plaintiff submits the following documents in compliance with the court's order filed 18 _____________________: 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Complaint 22 23 DATED: 24 ________________________________ 25 Plaintiff 26 27 28