(PC) Cass v. Yousefpoor ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHAUN I. CASS, Case No. 1:20-cv-01481-DAD-BAK(SKO) (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS NONCOGNIZABLE CLAIM 13 v. 14 JANIL YOUSEFPOOR, (Doc. 20) 15 Defendant. FOURTEEN (14) DAY DEADLINE 16 17 Plaintiff Shaun I. Cass is a former pretrial detainee proceeding pro se and in forma 18 pauperis in this civil rights action under 42 U.S.C. § 1983. Previously, this Court screened 19 Plaintiff’s complaint and found that it states a cognizable Fourteenth Amendment claim but fails 20 to state a First Amendment claim against Defendant. (Doc. 9.) Plaintiff has now indicated his 21 intent to proceed on this pleading as screened. (Doc. 20.) 22 Accordingly, IT IS RECOMMENDED that this action proceed on Plaintiff’s Fourteenth 23 Amendment claim and that Court dismiss the First Amendment claim. 24 These findings and recommendations will be submitted to the United States District 25 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen 26 days after being served with these findings and recommendations, Plaintiff may file written 27 objections with the Court. The document should be captioned, “Objections to Magistrate 28 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 1 within the specified time may result in waiver of the right to appeal the district court’s order. 2 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 IT IS SO ORDERED. 4 5 Dated: March 31, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28