(PC) Vega v. Solano County Jail ( 2024 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELISSIA SALUD VEGA, No. 2:23-CV-1074-KJM-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 SOLANO COUNTY JAIL, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s original complaint, ECF No. 1. 19 On July 24, 2023, the Court issued an order addressing the sufficiency of 20 Plaintiff’s complaint. See ECF No. 9. The Court determined that Plaintiff’s complaint states 21 cognizable Eighth Amendment claim against Defendant Merrick based on Plaintiff being shot 22 with a taser by Defendant and Defendant failing to prevent a physical altercation at the Solano 23 County Justice Center. See id. The Court also determined that Plaintiff’s remaining claims 24 relating to medical care and conditions of confinement, as well as Plaintiff’s claims against 25 Defendant Solano County Jail, are insufficient. See id. Plaintiff was provided leave to amend 26 and cautioned that, if no amended complaint was filed within the 30-day time period provided 27 therefor, the action would proceed on Plaintiff’s Eighth Amendment claim against Defendant 28 Merrick based on the taser incident and failure to prevent an altercation and that the Court would 1 || recommend that all other claims and defendants be dismissed. See id. As of November 2, 2023, 2 | Plaintiff had not filed an amended complaint and the Court directed service on Defendant Merrick 3 || consistent with the August 8, 2023, order. See ECF Nos. 11 and 13. The Court now recommends 4 | dismissal of all remaining claims and defendants. 5 Based on the foregoing, the undersigned recommends as follows: 6 1. This action proceed on Plaintiff's complaint, ECF No. 1, as to □□□□□□□□□□□ 7 || Eighth Amendment claims against Defendant Merrick based on Plaintiff being shot with a taser 8 | by Defendant and Defendant failing to prevent an altercation. 9 2. Plaintiffs claims relating to medical care and conditions of confinement be 10 || DISMISSED for failure to state a claim. 11 3. Plaintiff's claims against Defendant Solano County Jail be DISMISSED fot 12 | failure to state a claim. 13 These findings and recommendations are submitted to the United States District 14 || Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1).. Within 14 days 15 || after being served with these findings and recommendations, any party may file written objections 16 || with the Court. Responses to objections shall be filed within 14 days after service of objections. 17 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 18 | Yist, 951 F.2d 1153 (9th Cir. 1991). 19 20 | Dated: January 11, 2024 Co 21 DENNIS M. COTA 02 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28