(PC) Keller v. Alison ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 PAUL STEPHEN KELLER, Case No. 1:21-cv-01707-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS, 12 RECOMMENDING THAT CERTAIN v. CLAIMS AND DEFENDANTS BE 13 DISMISSED KATHLEEN ALISON, et al., 14 (ECF NOS. 1 & 9) Defendants. 15 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 16 ORDER DIRECTING CLERK TO ASSIGN 17 DISTRICT JUDGE 18 Paul Keller (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with 19 this civil rights action filed pursuant to 42 U.S.C. § 1983. 20 Plaintiff filed the complaint commencing this action on December 1, 2021. (ECF No. 21 1). The Court screened Plaintiff’s complaint. (ECF No. 9). The Court found that only the 22 following claim should proceed past the screening stage: Plaintiff’s Eighth Amendment 23 conditions of confinement claim against defendants Doe 1, Degough, and Doe 2. (Id.). 24 The Court gave Plaintiff thirty days to either: “a. File a First Amended Complaint that is 25 no longer than twenty-five pages; b. Notify the Court in writing that he does not want to file 26 an amended complaint and instead wants to proceed only on his Eighth Amendment conditions 27 of confinement claim against defendants Doe 1, Degough, and Doe 2; or c. Notify the Court in 28 writing that he wants to stand on his complaint.” (Id. at 20). On January 27, 2022, Plaintiff 1 || notified the Court that he wants to proceed only on his Eighth Amendment conditions of 2 || confinement claim against defendants Doe 1, Degough, and Doe 2. (ECF No. 13). 3 Accordingly, for the reasons set forth in the Court’s screening order that was entered on 4 || January 7, 2022 (ECF No. 9), and because Plaintiff has notified the Court that he wants to 5 || proceed only on his Eighth Amendment conditions of confinement claim against defendants 6 1, Degough, and Doe 2 (ECF No. 13), it is HEREBY RECOMMENDED that all claims 7 || and defendants be dismissed, except for Plaintiff's Eighth Amendment conditions of 8 confinement claim against defendants Doe 1, Degough, and Doe 2. 9 These findings and recommendations will be submitted to the United States district 10 || judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within 11 || fourteen (14) days after being served with these findings and recommendations, Plaintiff may 12 || file written objections with the Court. The document should be captioned “Objections to 13 || Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 14 |] objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 15 || Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 16 |} (9th Cir. 1991)). 17 Additionally, IT IS ORDERED that the Clerk of Court is directed to assign a district 18 || judge to this case. 19 50 IT IS SO ORDERED. 21 |! Dated: _ January 28, 2022 [sf heey —— 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28