(PC) Rojas v. County of Sacramento ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EUGENE ROJAS, No. 2:22-cv-1748 CKD P 12 Plaintiff, 13 v. ORDER and FINDINGS AND RECOMMENDATIONS 14 COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil 18 rights under 42 U.S.C. § 1983. On March 3, 2023, the court screened plaintiff’s complaint as the 19 court is required to do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed 20 on the following claims: 21 1. Denial of medical treatment and use of excessive force in violation of the Fourteenth 22 Amendment against defendant Leonard; 23 2. Denial of medical treatment in violation of the Fourteenth Amendment against 24 defendant Bonde; and 25 3. Retaliation for protected conduct in violation of the First Amendment against 26 defendant Bonde. 27 Plaintiff was given two options: 1) proceed immediately on the claims identified above; 28 or 2) attempt to cure the deficiencies in plaintiff’s complaint in an amended complaint. Plaintiff 1 was informed as to the deficiencies in his complaint and that failure to respond to the court’s 2 March 3, 2023 order would result in this action proceeding on the claim described above. 3 Plaintiff did not respond to the court’s March 3, 2023 order. 4 In accordance with the above, IT IS HEREBY ORDERED that: 5 1. The Clerk of the Court assign a district court judge to this case. 6 2. Service is appropriate for: 7 A. Officer Bonde, Sacramento County Main Jail; and 8 B. Officer Leonard, Sacramento County Main Jail. 9 3. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an 10 instruction sheet and a copy of the complaint. 11 4. Within thirty days from the date of this order, plaintiff shall complete the attached 12 Notice of Submission of Documents and submit the following documents to the court: 13 a. The completed Notice of Submission of Documents; 14 b. One completed summons; 15 c. One completed USM-285 form for each defendant; and 16 d. Three copies of the complaint. 17 5. Plaintiff need not attempt service on defendants and need not request waiver of service. 18 Upon receipt of the above-described documents, the court will direct the United States Marshal to 19 serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment 20 of costs. 21 IT IS HEREBY RECOMMENDED that: 22 1. This action proceed on the following claims: 23 A. Denial of medical treatment and use of excessive force in violation of the 24 Fourteenth Amendment against defendant Leonard; 25 B. Denial of medical treatment in violation of the Fourteenth Amendment against 26 defendant Bonde; and 27 C. Retaliation for protected conduct in violation of the First Amendment against 28 defendant Bonde. 1 2. All other claims be dismissed. 2 These findings and recommendations are submitted to the United States District Judge 3 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 4 || after being served with these findings and recommendations, plaintiff may file written objections 5 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 6 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 7 || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 8 | Cir. 1991). 9 | Dated: April 7, 2023 / aie } Kt | / } a a 10 CAROLYN DELANEY 11 UNITED STATES MAGISTRATE JUDGE 12 13 14] 4 15 roge0403.1 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EUGENE ROJAS, No. 2:22-cv-1748 CKD P 12 Plaintiff, 13 v. NOTICE OF SUBMISSION 14 COUNTY OF SACRAMENTO, et al., OF DOCUMENTS 15 Defendants. 16 17 Plaintiff submits the following documents in compliance with the court's order filed 18 _____________________: 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Complaint 22 23 DATED: 24 25 ____________________ Plaintiff 26 27 28