(PC) Roberson v. Farmbrough ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MORRIS ROBERSON, ) Case No.: 1:21-cv-00990-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION 14 J. FARMBROUGH, et al., ) ) FINDINGS AND RECOMMENDATIONS 15 Defendants. ) RECOMMENDATION DISMISSAL OF CERTAIN ) CLAIMS AND DEFENDANTS 16 ) ) (ECF Nos. 10, 11) 17 ) 18 Plaintiff Morris Roberson is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 On August 13 2021, the undersigned screened Plaintiff’s complaint and found that he stated 21 cognizable excessive force claim against Defendants Fambrough, Johnson, Silva, Bedolla and 22 Furlong, a cognizable failure to intervene claim against Defendants Cruz and Rodriguez, and a 23 cognizable claim for deliberate indifference to a serious medical need against Defendants Serna, 24 Rhodes, and Dr. Goller. (ECF No. 10.) However, Plaintiff was advised that he failed to state any 25 other cognizable claims. (Id.) Therefore, Plaintiff was advised that he could file an amended 26 complaint or a notice of intent to proceed on the claim found to be cognizable. (Id.) 27 On September 7, 2021, Plaintiff notified the Court of his intent to proceed on the claims found 28 to be cognizable. (ECF No. 11.) Thus, the Court will recommend that this action proceed on 1 || Plaintiffs excessive force claim against Defendants Fambrough, Johnson, Silva, Bedolla and Furlong 2 || failure to intervene claim against Defendants Cruz and Rodriguez, and deliberate indifference claim 3 || against Defendants Serna, Rhodes, and Dr. Goller. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 4 || 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3 5 || 338, 342 (9th Cir. 2010). 6 Accordingly, it is HEREBY ORDERED that the Clerk of the Court shall randomly assign a 7 || District Judge to this action. 8 Further, it is HEREBY RECOMMENDED that: 9 1. This action proceed against Defendants Fambrough, Johnson, Silva, Bedolla and 10 Furlong for excessive force, against Defendants Cruz and Rodriguez for failure to 11 intervene, and against Defendants Serna, Rhodes, and Dr. Goller for deliberate 12 indifference to a serious medical need; and 13 2. All other claims and Defendants be dismissed for failure to state a cognizable claim. 14 These Findings and Recommendations will be submitted to the United States District Judge 15 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) days 16 || after being served with these Findings and Recommendations, Plaintiff may file written objections 17 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 18 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 19 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 20 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 21 22 IT IS SO ORDERED. A (Fe 23 |! pated: _ September 9, 2021 OF 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28