(PC) O'Brien v. Diaz ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KORY T. O’BRIEN, ) Case No.: 1:21-cv-00856-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION 14 RITA DIAZ, et al., ) ) FINDINGS AND RECOMMENDATIONS 15 Defendants. ) RECOMMENDING DISMISSAL OF CERTAIN ) CLAIMS 16 ) ) (ECF Nos. 9, 10) 17 ) 18 Plaintiff Kory T. O’Brien is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 On July 27, 2021, the undersigned screened Plaintiff’s complaint and found that Plaintiff stated 21 a cognizable claim for retaliation against Defendants Diaz and Moore. (ECF No. 9.) However, 22 Plaintiff was advised that he failed to state any other cognizable claims. (Id.) Plaintiff was granted the 23 opportunity to file an amended complaint or a notice of intent to proceed on the claim found to be 24 cognizable. (Id.) 25 On August 13, 2021, Plaintiff notified the Court of his intent to proceed on the retaliation claim 26 against Defendants Diaz and Moore. (ECF No. 10.) Accordingly, the Court will recommend that this 27 action proceed against Defendants Rita Diaz and Jeramy Moore. Fed. R. Civ. P. 8(a); Ashcroft v. 28 Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. 1 Pliler, 627 F.3d 338, 342 (9th Cir. 2010). 2 Based on the foregoing, it is HEREBY ORDERED that the Clerk of Court shall randomly 3 |] assign a District Judge to this action. 4 Further, it is HEREBY RECOMMENDED that: 5 1. This action proceed against Defendants Rita Diaz and Jeramy Moore for retaliation; 6 and 7 2. All other claims be dismissed for failure to state a cognizable claim. 8 These Findings and Recommendations will be submitted to the United States District Judge 9 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days 10 || after being served with these Findings and Recommendations, Plaintiff may file written objections 11 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 12 Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 13 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 14 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 15 16 ||IT IS SO ORDERED. Al (re '7 ll Dated: _ August 16, 2021 OF 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28