(PC) Jacques v. Ellis ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL EUZELLE JACQUES, No. 2:23-cv-00080-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 ELLIS, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel and in forma pauperis in this action 18 brought under 42 U.S.C. § 1983. On August 18, 2023, the court found that plaintiff’s first 19 amended complaint had stated potentially cognizable claims against defendants Ellis and Lomas 20 for violation of the First Amendment and against defendant Hurd for violation of the Fourth 21 Amendment. ECF No. 17. The court dismissed all other claims with leave to file an amended 22 complaint within 30 days. Id. The court directed plaintiff to return, within 30 days, a notice 23 informing the court of whether he wished to proceed on the potentially cognizable claims in the 24 first amended complaint or to delay serving any defendant and file a second amended complaint. 25 Id. The time for returning the notice and/or filing a second amended complaint has passed, and 26 plaintiff has filed neither. 27 Accordingly, it is hereby ORDERED that the Clerk of Court randomly assign a District 28 Judge to this action. It is further RECOMMENDED that plaintiff’s First Amendment retaliation 1 || claim against defendants Hurd and Steffensmeier and his Fourth and/or Eighth Amendment claim 2 || against defendant Steffensmeier be dismissed for failure to state a claim. The court will direct 3 | service of the first amended complaint on defendants Hurd, Lomas, and Ellis upon adoption of 4 | this recommendation by the District Judge. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 | after being served with these findings and recommendations, any party may file written 8 || objections with the court and serve a copy on all parties. Such a document should be captioned 9 | “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 || objections shall be served and filed within fourteen days after service of the objections. The 11 | parties are advised that failure to file objections within the specified time may waive the right to 12 | appeal the District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez 13 | v. Yist, 951 F.2d 1153 (9th Cir. 1991). 14 Hy / 15 || Dated: November 28, 2023 LH thin LAC Ai 16 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28