(PC) Jackson v. Pfeiffer ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DUWAYNE M. JACKSON, Case No. 1:21-cv-00452-JLT-CDB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CERTAIN CLAIMS AND 13 v. DEFENDANTS 14 C. PFEIFFER, et al., 15 Defendants. FOURTEEN (14) DAY DEADLINE 16 17 Plaintiff Duwayne M. Jackson is a state prisoner proceeding pro se and in forma pauperis 18 in this civil rights action filed under 42 U.S.C. § 1983. 19 On March 13, 2023, the Court screened the complaint and found that it states cognizable 20 claims for Eighth Amendment deliberate indifference against Defendants Pfeiffer and Del-Plair; 21 use of excessive force against Defendants Castro, Rojo, Swanson, and Morales; failure to protect 22 against Defendant Pritchard; medical indifference by Defendant Muhammad; Bane Act violations 23 by Pitchford, Swanson, Rojo, and Morales; and intentional infliction of emotional distress against 24 Castro, Swanson, Rojo and Morales. (Doc. 15.) The Court further found that the complaint fails 25 to state any claim against Defendant Beach; fails to state claims for First Amendment retaliation 26 against Defendants Castro, Rojo, Swanson, and Morales; and fails to state claims for intentional 27 infliction of emotional distress against Defendants Pfeiffer and Del-Plair. (Id. at 17.) 1 | amended complaint, a notice to stand on the complaint as screened, or a notice of voluntary dismissal. 2 | Cd. at 18.) Plaintiff filed a response electing to proceed on the claims found forego filing a first 3 || amended complaint and. 4 Accordingly, it is RECOMMENDED that the Court DISMISS all claims against 5 | Defendant Beach; the First Amendment retaliation claims against Defendants Castro, Rojo, 6 | Swanson, and Morales; and state claims for intentional infliction of emotional distress against 7 | Defendants Pfeiffer and Del-Plair. 8 These findings and recommendations will be submitted to the United States District Judge 9 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen (14) 10 | days after being served with these findings and recommendations, the parties may file written 11 | objections with the Court. The document should be captioned, “Objections to Magistrate Judge’s 12 | Findings and Recommendations.” The parties are advised that failure to file objections within the 13 | specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 14 | 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 15 | IT IS SO ORDERED. '© |) Dated: _ April 4, 2023 | br Pr 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28