(PC) Foster v. Tulare County Sheriff's Department ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JONAS B. FOSTER ) Case No.: 1:20-cv-01596-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION 14 TULARE COUNTY SHERIFF’S ) DEPARTMENT, et al., ) FINDINGS AND RECOMMENDATIONS 15 ) RECOMMENDING DISMISSAL OF CERTAIN ) CLAIMS AND DEFENDANTS 16 Defendants. ) ) (ECF No. 13) 17 ) 18 Plaintiff Jonas B. Foster is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 On January 5, 2021, the undersigned screened Plaintiff’s complaint and found that Plaintiff 21 stated a cognizable claim for deliberate indifference against Defendants Dr. Alla Liberstein and the 22 Tulare County Sheriff’s Department in violation of the Fourteenth Amendment. (ECF No. 11.) 23 However, Plaintiff was advised that he failed to state any other cognizable claims. (Id.) Therefore, 24 Plaintiff was advised that he could file an amended complaint or a notice of intent to proceed on the 25 claim found to be cognizable. (Id.) 26 On January 15, 2021, Plaintiff notified the Court of his intent to proceed on the deliberate 27 indifference claim against Defendants Dr. Alla Liberstein and the Tulare County Sheriff’s Department. 28 (ECF No. 13.) Accordingly, the Court will recommend that this action proceed against Defendants 1 || Dr. Alla Liberstein and the Tulare County Sheriff’s Department for deliberate indifference in violatio 2 || of the Fourteenth Amendment. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bel 3 || Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 4 || 2010). 5 Accordingly, the Clerk of the Court is HEREBY DIRECTED to randomly assign a District 6 || Judge to this action. 7 Further, based on the foregoing, it is HEREBY RECOMMENDED that: 8 1. This action proceed against Defendants Dr. Alla Liberstein and the Tulare County 9 Sheriff's Department for deliberate indifference in violation of the Fourteenth 10 Amendment; and 11 2. All other claims and Defendants be dismissed for failure to state a cognizable claim. 12 These Findings and Recommendations will be submitted to the United States District Judge 13 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) days 14 || after being served with these Findings and Recommendations, Plaintiff may file written objections 15 || with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 16 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 17 || result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 18 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 19 20 ||} IT IS SO ORDERED. A (Fe 21 |! pated: _ January 19, 2021 OF 22 UNITED STATES MAGISTRATE JUDGE 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