(PC) Valencia v. San Juan ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CHRISTOPHER G. VALENCIA, Case No. 1:22-cv-00360-EPG (PC) 11 Plaintiff, FINDINGS AND RECOMMENDATIONS, 12 RECOMMENDING THAT CERTAIN v. CLAIMS AND DEFENDANTS BE 13 DISMISSED DEBORAH SAN JUAN, 14 (ECF Nos. 1 & 6) Defendant. 15 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 16 ORDER DIRECTING CLERK TO ASSIGN 17 DISTRICT JUDGE 18 Christopher Valencia (“Plaintiff”) is a state prisoner proceeding pro se in this civil 19 rights action filed pursuant to 42 U.S.C. § 1983. 20 Plaintiff filed the complaint commencing this action on March 28, 2022. (ECF No. 1). 21 The Court screened Plaintiff’s complaint. (ECF No. 6). The Court found that only the 22 following claims should proceed past the screening stage: Plaintiff’s Fourteenth Amendment 23 due process claim against defendant San Juan and Plaintiff’s retaliation claim against defendant 24 San Juan. (Id.). 25 The Court gave Plaintiff thirty days to either: “a. File a First Amended Complaint; b. 26 Notify the Court in writing that he does not want to file an amended complaint and instead 27 wants to proceed only on his Fourteenth Amendment due process claim against defendant San 28 Juan and his retaliation claim against defendant San Juan; or c. Notify the Court in writing that 1 || he wants to stand on his complaint.” (Ud. at 9-10). On July 1, 2022, Plaintiff notified the Court 2 || that he wants to proceed only on his Fourteenth Amendment due process claim against 3 || defendant San Juan and his retaliation claim against defendant San Juan. (ECF No. 7). 4 Accordingly, for the reasons set forth in the Court’s screening order that was entered on 5 || June 17, 2022 (ECF No. 6), and because Plaintiff has notified the Court that he wants to 6 || proceed only on his Fourteenth Amendment due process claim against defendant San Juan and 7 || his retaliation claim against defendant San Juan (ECF No. 7), it is HEREBY 8 |} RECOMMENDED that all claims and defendants be dismissed, except for Plaintiffs 9 || Fourteenth Amendment due process claim against defendant San Juan and his retaliation claim 10 || against defendant San Juan. 11 These findings and recommendations will be submitted to the United States district 12 || judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within 13 || fourteen (14) days after being served with these findings and recommendations, Plaintiff may 14 || file written objections with the Court. The document should be captioned “Objections to 15 || Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 16 || objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 17 || Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 18 |} (9th Cir. 1991)). 19 Additionally, IT IS ORDERED that the Clerk of Court is directed to assign a district 20 || judge to this case. 21 IT IS SO ORDERED. Dated: _ July 11, 2022 [see heey — 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28