(PC) Figueroa v. Navarro ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RUBEN FIGUEROA, Case No. 1:20-cv-01254-SKO (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS DEFENDANTS AND 13 v. CLAIMS 14 K. CLARK, et al., 14-DAY DEADLINE 15 Defendants. Clerk of the Court to Assign a District Judge 16 17 On June 11, 2021, the Court screened Plaintiff’s complaint and found that it states 18 cognizable claims of deliberate indifference to health or safety against Defendants Ramirez, 19 Navarro, and Phi, but that its remaining claims are not cognizable. (Doc. 8.) The Court therefore 20 directed Plaintiff to file a first amended complaint curing the deficiencies in his pleading or to 21 notify the Court that he wishes to proceed only on the claims found cognizable. (Id. at 9.) 22 On July 2, 2021, Plaintiff filed a notice “of his desire to proceed only on the claims found 23 cognizable.” (Doc. 11.) Accordingly, and for the reasons set forth in the Court’s screening order 24 (Doc. 8), the Court RECOMMENDS that: 25 1. The defendants in this action be DISMISSED, except for Defendants Ramirez, 26 Navarro, and Phi; and, 27 2. The claims in Plaintiff’s complaint be DISMISSED, except for its claims of deliberate indifference to health or safety against Defendants Ramirez, Navarro, and Phi, 1 pursuant to 42 U.S.C. § 1983. 2 The Court DIRECTS the Clerk of the Court to assign a district judge to this action. 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 6, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27