(PC) Atkins v. Rios ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MCKINLEY PIERCE ATKINS, Case No. 1:20-cv-00193-NONE-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS AND DEFENDANT 13 v. 14-DAY DEADLINE 14 E. ROCHA, et al., 15 Defendants. 16 17 On June 10, 2021, the Court screened Plaintiff’s first amended complaint and found that it 18 states cognizable claims of deliberate indifference to serious medical needs against Defendants 19 Rios and De Lussa, but that its remaining claims are not cognizable. (Doc. 24.) The Court 20 therefore directed Plaintiff to file a second amended complaint curing 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 8.) 23 On July 1, 2021, Plaintiff filed a notice that he “wish[es] to proceed only on the deliberate 24 indifference claims against Rios & De Lussa, dismiss the remaining claims, and dismiss 25 Defendant Rocha.” (Doc. 25.) Accordingly, and for the reasons set forth in the Court’s screening 26 order (Doc. 24), the Court RECOMMENDS that: 27 1. Defendant Rocha be DISMISSED; and, 2. The claims in Plaintiff’s first amended complaint be DISMISSED, except for its 1 claims of deliberate indifference to serious medical needs against Defendants Rios and 2 De Lussa, pursuant to 42 U.S.C. § 1983. 3 These Findings and Recommendations will be submitted to the United States District 4 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of 5 service of these Findings and Recommendations, Plaintiff may file written objections with the 6 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and 7 Recommendations.” Failure to file objections within the specified time may result in waiver of 8 rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 9 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 10 IT IS SO ORDERED. 11 12 Dated: July 5, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27