(PC) Roman v. Eaton ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ISIDRO ROMAN, No. 1:23-cv-00671-SAB (PC) 12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE 13 v. TO THIS ACTION 14 PATRICK EATON, et al. FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CLAIMS 15 Defendants. AND DEFENDANTS 16 (ECF No. 16) 17 18 Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42 19 U.S.C. § 1983. 20 On January 18, 2024, the Court screened Plaintiff’s second amended complaint and found 21 that he stated cognizable a cognizable retaliation claim against Defendant K. Jackson. (ECF No. 22 15.) However, Plaintiff failed to state any other cognizable claims. Plaintiff was granted one 23 final opportunity to file an amended complaint or notify the Court of his intent to proceed on the 24 claims found to be cognizable. (Id.) On February 12, 2024, Plaintiff filed a notice of intent to 25 proceed on the claims found to be cognizable. (ECF No. 16.) 26 Accordingly, it is HEREBY ORDERED that the Clerk of Court shall randomly assign a 27 District Judge to this action. 28 /// 1 Further, it is HEREBY RECOMMENDED that: 2 1. This action proceed against Defendant K. Jackson for retaliation in violation of the 3 First Amendment; and 4 2. All other claims be dismissed from the action for failure to state a cognizable 5 claim for relief. 6 These Findings and Recommendations will be submitted to the United States District 7 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen 8 | (14) days after being served with these Findings and Recommendations, Plaintiff may file written 9 | objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 10 | Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 11 | specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 12 | 838-39 (Oth Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 14 IT IS SO ORDERED. DAM Le 15 | Dated: _ February 14, 2024 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28