(PC) Marta v. CDCR ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JASON MARTA, 1:20-cv-00072-GSA-PC 12 Plaintiff, ORDER FOR CLERK TO RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS 13 v. CASE 14 CDCR, FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION 15 Defendant. PROCEED ONLY AGAINST DEFENDANT CDCR FOR VIOLATION OF THE ADA, AND 16 THAT ALL OTHER CLAIMS BE DISMISSED 17 OBJECTIONS, IF ANY, DUE IN 14 DAYS 18 19 20 21 Jason Marta (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with 22 this civil rights action pursuant to 42 U.S.C. § 1983 and Title II of the Americans with Disabilities 23 Act (ADA), 42 U.S.C. § 12132 (1994). On January 15, 2020, Plaintiff filed the Complaint 24 commencing this action. (ECF No. 1.) Plaintiff named only one defendant, the California 25 Department of Corrections and Rehabilitation (CDCR). 26 The court screened the Complaint and ordered Plaintiff to either: (1) file an amended 27 complaint, or (2) notify the court that he is willing to proceed only with the ADA claim against 28 CDCR found cognizable by the court, dismissing all other claims from this action. (ECF No. 8.) 1 On August 11, 2021, Plaintiff filed a notice that he is willing to proceed only with the ADA claim 2 against CDCR, and that he “seeks no § 1983/8th Amendment medical claim.” (ECF No. 9.) 3 /// 4 Accordingly, the Clerk of Court is HEREBY ORDERED to randomly assign a district 5 judge to this case; 6 and 7 Based on the foregoing, it is HEREBY RECOMMENDED that: 8 1. This action proceed only on Plaintiff’s claims against defendant CDCR for 9 violation of the ADA; 10 2. All remaining claims be dismissed from this action; 11 3. Plaintiff’s § 1983 claim for inadequate medical care under the Eighth Amendment 12 be dismissed from this action based on Plaintiff's failure to state a claim upon 13 which relief may be granted; and 14 4. This case be referred back to the Magistrate Judge for further proceedings, 15 including initiation of service of process. 16 These Findings and Recommendations will be submitted to the United States District 17 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 18 fourteen (14) days after the date of service of these Findings and Recommendations, Plaintiff 19 may file written objections with the Court. The document should be captioned “Objections to 20 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 21 objections within the specified time may waive the right to appeal the District Court’s order. 22 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 23 IT IS SO ORDERED. 24 25 Dated: August 16, 2021 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 26 27 28