(PC) Edwards v. California Department of Corrections and Rehabilitation ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KADEEM EDWARDS, 1:23-cv-01180-ADA-SKO (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO 13 v. DISMISS CERTAIN CLAIMS AND DEFENDANTS 14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 14-DAY OBJECTION PERIOD 15 REHABILITATION, 16 Defendant. 17 18 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 I. RELEVANT BACKGROUND 21 On November 6, 2023, the Court issued its First Screening Order. (Doc. 10.) It found 22 Plaintiff stated a cognizable Eighth Amendment deliberate indifference to serious medical needs 23 claim against Defendant Jane Doe, L.V.N., but failed to state any other cognizable claim against 24 any other defendant. (Id. at 4-7.) Plaintiff was directed to do one of the following within 21 days: 25 (1) notify the Court he did not wish to file a first amended complaint and instead was willing to 26 proceed only on the Eighth Amendment deliberate indifference to serious medical needs claim 27 against Defendant Jane Doe, the remaining claims to be dismissed; or (2) file a first amended 28 1 complaint curing the deficiencies identified in the Court’s order, or (3) file a notice of voluntary 2 dismissal. (Id. at 7-9.) 3 On November 27, 2023, Plaintiff filed a notice indicating his wish to proceed only on the 4 claim found cognizable by the Court. (See Doc. 11.) 5 II. CONCLUSION AND RECOMMENDATIONS 6 For the reasons given above, the Court RECOMMENDS that: 7 1. This action PROCEED only on Plaintiff’s Eighth Amendment deliberate indifference 8 to serious medical needs claim against Defendant Jane Doe L.V.N., the remaining 9 claims to be dismissed; and 10 2. The California Department of Corrections and Rehabilitation and John Does 1 through 11 10 be DISMISSED from this action. 12 These Findings and Recommendations will be submitted to the district judge assigned to 13 this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of service of these 14 Findings and Recommendations, a party may file written objections with the Court. The 15 document should be captioned, “Objections to Magistrate Judge’s Findings and 16 Recommendations.” Failure to file objections within the specified time may result in waiver of 17 rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 18 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 19 IT IS SO ORDERED. 20 21 Dated: December 1, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28