(PC) Snowden v. Tate ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL L. SNOWDEN, Case No.: 1:19-cv-00843-JLT (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS NOT FOUND 13 v. COGNIZABLE 14 H. TATE; M. TOSCANO, 14-DAY DEADLINE 15 Defendants. Clerk of Court to assign a District Judge 16 17 The Court screened Plaintiff’s complaint pursuant to 28 U.S.C. section 1915A and found 18 that it states cognizable claims of retaliation and deliberate indifference to serious medical needs 19 but fails to state a cognizable due process claim. (Doc. 10.) The Court therefore directed Plaintiff 20 to file a first amended complaint curing the deficiencies identified in its order or notify the Court 21 that he wishes to proceed only on his retaliation and deliberate indifference claims. (Id.) 22 In response to the Court’s screening order, Plaintiff filed a motion requesting that the 23 Court “remove the ‘due process violation claim’ and allow … [him] to proceed … [on his] 24 deliberate indifference and retaliation [claims].” (Doc. 11 (emphases removed).) For this reason, 25 and for the reasons set forth in the Court’s screening order (Doc. 10), the Court RECOMMENDS 26 that Plaintiff’s claims in this action be DISMISSED, except for his claims for retaliation and 27 deliberate indifference to serious medical needs in violation of the First and Eighth amendments. 1 These Findings and Recommendations will be submitted to the United States District 2 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of 3 the date of service of these Findings and Recommendations, Plaintiff may file written objections 4 with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings 5 and Recommendations.” Failure to file objections within the specified time may result in waiver 6 of 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: January 30, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27