(PC) Hendrix v. Arce ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN HENDRIX, Case No. 1:20-cv-01307-AWI-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS DEFENDANT 13 v. 14-DAY DEADLINE 14 FOULK, et al., 15 Defendants. 16 17 On June 3, 2021, the Court screened Plaintiff’s second amended complaint and found that 18 it states a cognizable claim of deliberate indifference against Defendant Arce but not against 19 Defendant Santoro. (Doc. 20.) The Court therefore directed Plaintiff to file a third amended 20 complaint curing the deficiencies in his pleading or to notify the Court that he wishes to proceed 21 only on the claim found cognizable. (Id. at 7.) 22 On June 24, 2021, Plaintiff filed a notice that he “wishes to. . . proceed only on his 23 deliberate indifference claim against . . . Arce and . . . dismiss . . . Santoro.” (Doc. 22 at 3.) 24 Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 20), the Court 25 RECOMMENDS that Defendant Santoro be DISMISSED. 26 These Findings and Recommendations will be submitted to the United States District 27 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of service of these Findings and Recommendations, Plaintiff may file written objections with the 1 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and 2 Recommendations.” Failure to file objections within the specified time may result in waiver of 3 rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 4 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 5 IT IS SO ORDERED. 6 7 Dated: June 24, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27