(PC) Garcia v. Baldwin ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GUILLERMO GARCIA, ) Case No.: 1:19-cv-00184-DAD-SAB (PC) ) 12 Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS 13 v. ) RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS 14 M. BALDWIN, et.al., ) ) (ECF Nos. 54, 55) 15 Defendants. ) ) 16 ) 17 Plaintiff Guillermo Garcia is appearing pro se in this civil rights action pursuant to 42 U.S.C. § 18 1983. 19 On September 16, 2020, the undersigned screened Plaintiff’s first amended complaint and 20 found that Plaintiff stated a cognizable retaliation claim against Defendants F.X. Chavez and J. 21 Kavanaugh. (ECF No. 54.) However, Plaintiff was advised that he failed to state any other 22 cognizable claim for relief. (Id.) Therefore, Plaintiff was advised that he could file a second amended 23 complaint or a notice of intent to proceed on the claim found to be cognizable or file a second 24 amended complaint. (Id.) 25 On October 1, 2020, Plaintiff notified the Court of his intent to proceed only on the retaliation 26 claim against Defendants F.X. Chavez and J. Kavanaugh. (ECF No. 55.) Accordingly, the Court will 27 recommend that this action proceed only on Plaintiff’s retaliation claim. Fed. R. Civ. P. 8(a); Ashcroft 28 v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe VORA ff VY LOT AEE SEAR MUO I Ne AY ee 1 || v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). 2 Accordingly, it is HEREBY RECOMMENDED that: 3 1. This action proceed against Defendants F.X. Chavez and J. Kavanaugh for retaliation 4 in violation of the First Amendment; and 5 2. All other claims and Defendants be dismissed from the action for failure to state a 6 cognizable claim for relief. 7 These Findings and Recommendations will be submitted to the United States District Judge 8 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) days 9 || after being served with these Findings and Recommendations, Plaintiff may file written objections 10 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 11 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 12 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 13 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 14 15 IS SO ORDERED. A (Fe 16 || pated: _ October 5, 2020 OF 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28