(PC) Fernandez v. Satterfield ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE FERNANDEZ, Case No. 1:19-cv-01220-DAD-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS AND 13 v. DEFENDANTS 14 SATTERFIELD, et al., 14-DAY DEADLINE 15 Defendants. 16 17 On June 6, 2021, the Court screened Plaintiff’s second amended complaint and found that 18 it states cognizable claims of retaliation against Defendants Satterfield, Eslick, Salzer, Bick, 19 Boyette, Darby, and Flores-Hernandez. (Doc. 43.) The remaining claims were not cognizable. 20 (Id.) The Court therefore directed Plaintiff to file a third amended complaint curing the 21 deficiencies in his pleading or to notify the Court that he wishes to proceed only on the claims 22 found cognizable. (Id. at 13.) On June 21, 2021, Plaintiff filed a notice that he “wishes to only 23 proceed on claims found cognizable.” (Doc. 44.) Accordingly, and for the reasons set forth in the 24 Court’s screening order (Doc. 43), the Court RECOMMENDS that: 25 1. Defendants Jackson and Varney be DISMISSED; and, 26 2. The claims in Plaintiff’s complaint be DISMISSED, except for its First 27 Amendment retaliation claims against Defendants Satterfield, Eslick, Salzer, Bick, Boyette, Darby, and Flores-Hernandez. 1 These Findings and Recommendations will be submitted to the United States District 2 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of 3 service of these Findings and Recommendations, Plaintiff may file written objections with the 4 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Failure to file objections within the specified time may result in waiver of 6 rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 7 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 8 IT IS SO ORDERED. 9 10 Dated: June 23, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27