(PC) Cuellar v. Madera County Department of Corrections Health Care Provider ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TRAVIS JUSTIN CUELLAR, ) Case No.: 1:20-cv-00960-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION 14 MADERA COUNTY DEPARTMENT OF ) CORRECTIONS HEALTH CARE ) FINDINGS AND RECOMMENDATIONS 15 PROVIDER, ) RECOMMENDING DISMISSAL OF CERTAIN ) DEFENDANTS 16 ) Defendant. ) (ECF Nos. 9, 11) 17 ) 18 Plaintiff Travis Justin Cuellar is proceeding pro se and in forma pauperis in this civil rights 19 action pursuant to 42 U.S.C. § 1983. 20 On September 9, 2020, the undersigned screened Plaintiff’s first amended complaint and found 21 that Plaintiff stated a cognizable deliberate indifference claim against Defendants Dr. Gustaveson and 22 nurse Debbie. (ECF No. 9.) However, Plaintiff was advised that he failed to state any other 23 cognizable claims against any other Defendants. (Id.) Therefore, Plaintiff was advised that he could 24 file an amended complaint or a notice of intent to proceed on the claim found to be cognizable. (Id.) 25 On September 18, 2020, Plaintiff filed a notice indicating that he wishes to proceed on the 26 claim found to be cognizable in the screening order, and dismiss all other Defendants. (ECF No. 11.) 27 Based on Plaintiff’s notice, the Court will recommend that this action proceed against 28 Defendants Dr. Gustaveson and nurse Debbie for deliberate indifference to a serious medical need in wOAoOe 4:OU VPA MMU tu PIO eee PY OMI 1 || violation of the Eighth Amendment. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009 2 || Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th 3 || Cir. 2010). 4 Accordingly, based on the foregoing, it is HEREBY ORDERED that the Clerk of Court shall 5 ||randomly assign a Fresno District Judge to this action. 6 Further, it is HEREBY RECOMMENDED that: 7 1. This action proceed against Defendants Dr. Gustaveson and nurse Debbie for 8 deliberate indifference to a serious medical need in violation of the Eighth 9 Amendment; and 10 2. All other Defendants be dismissed for failure to state a cognizable claim for relief. 11 These Findings and Recommendations will be submitted to the United States District Judge 12 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) days 13 || after being served with these Findings and Recommendations, Plaintiff may file written objections 14 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 15 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 16 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 17 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 18 19 IS SO ORDERED. A (Fe 70 |! Dated: _ September 22, 2020 OF ; UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28