(PC) Wilson v. Delano State Prison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER JOHN WILSON, Case No. 1:21-cv-01651-CDB (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. TO DISMISS CERTAIN DEFENDANTS 14 OFFICER SHARPS, et al., (Doc. 20) 15 Defendants. FOURTEEN (14) DAY DEADLINE 16 17 Clerk of Court to assign District Judge. 18 19 Plaintiff Christopher John Wilson is a state prisoner proceeding pro se and in forma 20 pauperis in this civil rights action filed under 42 U.S.C. § 1983. On June 30, 2023, the Court 21 screened the complaint and found it states a cognizable claim for Eighth Amendment excessive 22 force against Defendants Sharp and Ward. (Doc. 19.) The Court further found the allegations do 23 not state a claim against the Warden, North Kern State Prison (NKSP), or California Department 24 of Corrections and Rehabilitation. (Id. at 8.) 25 In response to the screening order, Plaintiff filed a first amended complaint stating he 26 “agrees with the Court that [he] can only proceed with the two Defendants Officers Sharps and Z. 27 Ward and dismiss the Warden[,] NKSP and CDCR.” (Doc. 20.) The Court construes this response 28 as an election to proceed on the complaint as screened. ] Accordingly, it is hereby RECOMMENDED that the Court dismiss as defendants the 2 || Warden of NKSP, NKSP, and CDCR. 3 These Findings and Recommendations will be submitted to the United States District 4 || Judge assigned to this case pursuant to 28 U.S.C. § 636(b)(1). Within fourteen (14) days from 5 | the date of service of these Findings and Recommendations, Plaintiff may file written objections 6 | with the Court. The document should be titled, “Objections to Magistrate Judge’s Findings and 7 || Recommendations.” Plaintiff's failure to file objections within the specified time may result in 8 || waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing 9 || Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 10 The Clerk of Court is directed to assign a District Judge. 11 | ITIS SO ORDERED. | Dated: _ July 26, 2023 | Word by 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28