(PC) Smith v. Allison ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 FREDERICK WAYNE SMITH, Case No. 1:22-cv-01580-JLT-SAB (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS 11 RECOMMENDING DISMISSAL OF v. CERTAIN CLAIMS AND DEFENDANTS 12 KATHLEEN ALLISON, et al., (ECF No. 10) 13 Defendants. 14 15 16 Plaintiff Frederick Wayne Smith is proceeding pro se in this civil rights action filed 17 pursuant to 42 U.S.C. § 1983. 18 On February 16, 2023, the Court screened Plaintiff’s complaint, and found that he stated 19 a cognizable claim against Defendant Rodriguez for retaliation, deliberate indifference to safety, 20 and denial of access to the courts. (ECF No. 10.) However, Plaintiff failed to state any other 21 cognizable claims. Plaintiff was granted the opportunity to file an amended complaint or notify 22 the Court of his intent to proceed on the claims found to be cognizable. (Id.) On March 6, 23 2023, Plaintiff filed a notice of intent to proceed on the claims found to be cognizable. (ECF 24 No. 13.) 25 Accordingly, it is HEREBY RECOMMENDED that: 26 1. This action proceed against Defendant Rodriguez for retaliation, deliberate 27 indifference to safety, and denial of access to the courts; and /// 1 2. All other claims and Defendants be dismissed from the action for failure to state a 2 cognizable claim for relief. 3 These Findings and Recommendations will be submitted to the United States District Judge 4 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) 5 |days after being served with these Findings and Recommendations, Plaintiff may file written 6 | objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 7 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 8 | specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 9 | 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 10 i IS SO ORDERED. OF. nf ee 12 Pated: _March 7, 2023 _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28