(PC) Porter v. Hamman ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 KEVIN LAMAR PORTER, No. 1:23-cv-01468-SAB (PC) 8 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE 9 v. (ECF No. 10) 10 VIVIAN HAMMAN, et al. ORDER DIRECTING CLERK OF COURT TO 11 Defendants. RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION 12 FINDINGS AND RECOMMENDATIONS 13 RECOMMENDING DISMISSAL OF CERTAIN CLAIM 14 (ECF No. 11) 15 16 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 17 U.S.C. § 1983. 18 On November 22, 2023, the Court screened Plaintiff’s complaint, found that he stated a 19 cognizable retaliation and Bane Act violation against Defendant Hamman, and granted Plaintiff 20 thirty days to either file an amended complaint or notify the Court of his intent to proceed only on 21 the claims found to be cognizable. (ECF No. 8.) Plaintiff failed to file an amended complaint or 22 notify the Court of his intent to proceed only on the cognizable claims. Therefore, on January 2, 23 2024, the Court ordered Plaintiff to show cause why the action should not be dismissed. (ECF 24 No. 9.) 25 On January 10, 2024, Plaintiff filed a response to the order to show cause indicating that 26 never received the Court’s November 22, 2023, order and he has been receiving mental health 27 care. (ECF No. 11.) Plaintiff also states that he wishes to proceed on the claims found to be 28 1 | cognizable and dismiss all other claims. (Id. at 2.) Accordingly, the Court will discharge the 2 | order to show cause and recommend that this action proceed on Plaintiffs retaliation and Bane 3 | Act claims. 4 Based on the foregoing, it is HEREBY ORDERED that: 5 1. The order to show cause issued on January 2, 2024 (ECF No. 9) is 6 | DISCHARGED; and 7 2. The Clerk of Court shall randomly assign a District Judge to this action. 8 Further, it is HEREBY RECOMMENDED that: 9 1. This action proceed on Plaintiff's retaliation and Bane Act claims against 10 || Defendant Hamman; and 11 2. All other claims be dismissed from the action for failure to state a cognizable 12 | claim for relief. 13 These Findings and Recommendations will be submitted to the United States District 14 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen 15 | (14) days after being served with these Findings and Recommendations, Plaintiff may file written 16 | objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 17 | Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 18 | specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 19 | 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 20 IT IS SO ORDERED. DAM Le 22 | Dated: _January 11, 2024 __ Of 33 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28