(PC) Steele v. CDCR ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN STEELE, Case No. 1:19-cv-00471-AWI-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS OFFICIAL-CAPACITY 13 v. CLAIMS 14 CDCR, et al., 14-DAY DEADLINE 15 Defendants. 16 17 On April 27, 2021, the Court screened Plaintiff’s first amended complaint and found that 18 it states cognizable claims of deliberate indifference to safety against Defendants Gutierrez and 19 Herrera in their individual capacities, but that its official-capacity claims are not cognizable. 20 (Doc. 23.) The Court therefore directed Plaintiff to file a second amended complaint curing the 21 deficiencies in his pleading or a notice that he wishes to proceed only on the claims found 22 cognizable. (Id. at 7.) 23 On July 26, 2021, Plaintiff filed a notice that he “wishes to proceed only on the claims 24 found cognizable.”1 (Doc. 27.) Accordingly, and for the reasons set forth in the Court’s screening 25 order (Doc. 23), the Court RECOMMENDS that Plaintiff’s official-capacity claims be 26 DISMISSED. 27 1 At one point, Plaintiff refers to the filing as a “second amended complaint.” (Doc. 27 at 1.) However, upon review 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: August 1, 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