(PC)Jordan v. Arcee ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NOLAN JORDAN, ) Case No.: 1:20-cv-01658-DAD-SAB (PC) ) 12 Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS 13 v. ) RECOMMENDING DISMISSAL OF CERTAIN DEFENDANTS AND CLAIMS 14 ARCEE, et al., ) ) (ECF Nos. 15, 18) 15 Defendants. ) ) 16 ) ) 17 ) 18 Plaintiff Nolan Jordan is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 On February 3, 2021, the undersigned screened Plaintiff’s complaint and found that Plaintiff 21 stated a cognizable claim for deliberate indifference against Defendants Arcee and the unidentified ICC 22 members. (ECF No. 15.) However, Plaintiff was advised that he failed to state any other cognizable 23 claims. (Id.) Plaintiff was granted the opportunity to file an amended complaint or a notice of intent 24 to proceed on the claim found to be cognizable. (Id.) 25 On March 10, 2021, Plaintiff notified the Court of his intent to proceed on the deliberate 26 indifference claim against Defendants Arcee and the unidentified ICC members. (ECF No. 18.) 27 Accordingly, the Court will recommend that this action proceed against Defendants Arcee and the 28 unidentified ICC members. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell 1 || Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2 || 2010). 3 Accordingly, it is HEREBY RECOMMENDED that: 4 1. This action proceed against Defendants Arcee and the unidentified ICC members for 5 deliberate indifference in violation of the Eighth Amendment; and 6 2. All other claims and Defendants be dismissed for failure to state a cognizable claim. 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 || Dated: _March 11, 2021 IF 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28