(PC) Bahena v. Rohrdanz ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ESMELING L. BAHENA, Case No. 1:20-cv-00618-SKO (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS DEFENDANTS 13 v. 14 D. ROHRDANZ, et al., 14-DAY DEADLINE 15 Defendants. Clerk of the Court to assign a District Judge 16 17 On September 23, 2020, the Court screened Plaintiff’s complaint and found that it states 18 cognizable claims of deliberate indifference to serious medical needs against Defendants Manhas 19 and Rohrdanz but not against the remaining defendants. (Doc. 11.) The Court, therefore, directed 20 Plaintiff to file a first amended complaint curing the deficiencies in his pleading, or to notify the 21 Court that he wishes to proceed only on the claims found cognizable and to dismiss the remaining 22 claims and defendants. (Id. at 1, 8.) 23 On October 29, 2020, Plaintiff filed a notice that he wishes to proceed only on the claims 24 the “court finds cognizable.” (Doc. 14.) Accordingly, and for the reasons set forth in the Court’s 25 screening order (Doc. 11), the Court RECOMMENDS that Defendants Palma and Teresiah, and 26 the claims against them, be DISMISSED. Plaintiff’s claims of deliberate indifference against 27 Defendants Manhas and Rohrdanz should be allowed to proceed. The Court DIRECTS the Clerk 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 Sheila K. Oberto 10 Dated: November 2, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27