(PC) Hisle v. Conanan ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DENNIS C. HISLE, ) Case No. 1:21-cv-01680-SAB (PC) ) 12 Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO 13 v. ) RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION 14 MARLYN CONANAN, et al., ) ) FINDINGS AND RECOMMENDATIONS 15 Defendants. ) RECOMMENDING DISMISSAL OF ) DEFENDANT MUSHTAG AHMED 16 ) ) (ECF No. 7) 17 ) 18 Plaintiff Dennis C. Hisle is proceeding pro se and in forma pauperis in this civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 Plaintiff filed the instant action on November 22, 2021. On February 4, 2022, the Court 21 screening the complaint, found that Plaintiff stated only a cognizable claim against Defendant Marlyn 22 Conanan, and granted Plaintiff leave to file an amended complaint nor notify the Court of his intent to 23 proceed only on the claim against Defendant Marlyn Conanan. (ECF No. 6.) On February 18, 2022, 24 Plaintiff filed a notice to proceed on the claims found to be cognizable. (ECF No. 7.) 25 Accordingly, it is HEREBY ORDERED that the Clerk of Court shall randomly assign a 26 District Judge to this action. 27 /// 28 /// 1 Further, it is HEREBY RECOMMENDED that: 2 1. This action proceed on Plaintiff's deliberate indifference against Defendant Marlyn 3 Conanan for falsification of medical records, failure to provide Plaintiff a lay in, and A failure to urgently refer Plaintiff to a pulmonologist; and 5 2. Defendant Mushtag Ahmed be dismissed from the action for failure to state a cognizable 6 claim for relief. 7 These Findings and Recommendations will be submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days 9 || after being served with these Findings and Recommendations, Plaintiff may file written objections 19 |] with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 11 || Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 12. || tesult in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 13 || (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 14 15 || IT IS SO ORDERED. Al (re 16 Dated: _ February 22, 2022 OF UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28