(PC) Bibbs v. Sullivan ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARTIN J. BIBBS, Case No.: 1:21-cv-01145 CDB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CERTAIN CLAIMS AND 13 v. DEFENDANTS 14 W. J. SULLIVAN, et al., 14-DAY OBJECTION PERIOD 15 Defendants. Clerk of the Court to Assign District Judge 16 17 Plaintiff Martin J. Bibbs is proceeding pro se in this civil rights action brought pursuant to 18 42 U.S.C. § 1983. 19 On January 23, 2023, the Court issued its First Screening Order, finding Plaintiff’s 20 complaint states cognizable claims of deliberate indifference to serious medical needs against 21 Defendants Eaton, Rubalcava, and Chavez, in their individual capacities. (Doc. 13 at 8-10.) The 22 Court further found that Plaintiff failed to state any other cognizable claim against any other 23 named Defendant. (Id. at 10-11.) The Court therefore directed Plaintiff to file a first amended 24 complaint curing the deficiencies in his pleading or to notify the Court that he wishes to proceed 25 only on the claims found cognizable. (Id. at 12-13.) 26 On February 23, 2022, Plaintiff filed a notice stating that “he is willing to proceed only on 27 his claims for deliberate indifference to serious medical need against Defendants Eaton, Rubalcava, and Chavez, in their individual capacities.” (Doc. 14.) 1 Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 13), the 2 | Court RECOMMENDS that: 3 1. Defendants Sullivan, Gonzalez, Tyree, Hernandez, Baniga, Boutte, Leiva, Razo and 4 Jones be DISMISSED; and, 5 2. The claims in Plaintiff's complaint be DISMISSED, except for its deliberate 6 indifference to serious medical needs claims against Defendants Eaton, Rubalcava, 7 and Chavez, in their individual capacities, pursuant to 42 U.S.C. § 1983; 8 3. The Clerk of the Court is directed to randomly assign a district judge to this action; 9 and 10 4. The Clerk of the Court is directed to update Plaintiff's address as reflected in his filing 11 of February 23, 2023 (to the Richard J. Donovan Correctional Facility). 12 These Findings and Recommendations will be submitted to the United States District 13 | Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(). Within 14 days of the date of 14 | service of these Findings and Recommendations, Plaintiff may file written objections with the 15 | Court. The 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. | Dated: _Mareh 13, 2023 | br Pr 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28