(PC) Pradia, Jr. v. Baccera ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARL LAPRA PRADIA, JR., Case No. 1:20-cv-01348-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS AND 13 v. DEFENDANTS 14 A. BECERRA, et al., 14-DAY DEADLINE 15 Defendants. Clerk of the Court to Assign a District Judge 16 17 On May 6, 2021, the Court screened Plaintiff’s complaint and found that it states 18 cognizable claims of deliberate indifference to serious medical needs against Defendants Becerra 19 and Davis, but that its remaining claims were not cognizable. (Doc. 8.) The Court therefore 20 directed Plaintiff to file a first amended complaint within 21 days to cure the deficiencies in his 21 pleading or to notify the Court that he wishes to proceed only on the claims found cognizable. (Id. 22 at 7-8.) The Court cautioned Plaintiff that failure to comply with the order would result in a 23 “recommend[ation] that this action proceed only on the claims found cognizable . . . and that all 24 other claims and defendants be dismissed with prejudice.” (Id. at 8.) 25 Although more than the allowed time has passed, Plaintiff has failed to file an amended 26 complaint or otherwise respond to the Court’s screening order. Accordingly, for the reasons set 27 forth in the screening order, the Court RECOMMENDS: 1. Defendants Tyler, Sherman, Canales, and Frazier be DISMISSED; and, 1 2. The claims in Plaintiff’s complaint be DISMISSED, except for its claims of 2 deliberate indifference to serious medical needs against Defendants Becerra and 3 Davis. 4 The Court DIRECTS the Clerk of the Court to assign a district judge to this action. 5 These Findings and Recommendations will be submitted to the United States District 6 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of 7 service of these Findings and Recommendations, Plaintiff may file written objections with the 8 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and 9 Recommendations.” Plaintiff’s failure to file objections within the specified time may result in 10 waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing 11 Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 12 IT IS SO ORDERED. 13 14 Dated: June 23, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27