(PC) Palmer v. Melendrez ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHNNY CURTIS PALMER, Case No.: 1:22-cv-00800-CDB 12 Plaintiff, FINDINGS AND RECOMMENDATIONS TO DISMISS CERTAIN CLAIMS IN THE 13 v. FIRST AMENDED COMPLAINT 14 M. MELENDREZ, 14-DAY OBJECTION PERIOD 15 Defendant. Clerk of the Court to Assign District Judge 16 17 Plaintiff Johnny Curtis Palmer is proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983. 19 I. INTRODUCTION 20 On February 1, 2024, the Court issued its Second Screening Order. (Doc. 12.) The Court 21 found Plaintiff’s first amended complaint plausibly alleges a First Amendment violation of his 22 right to send and receive mail (Claim Two) against Defendant Melendrez but failed to allege any 23 other cognizable claim against any other defendant. (Id. at 3-6.) Plaintiff was ordered to select 24 one of the following three options within 21 days of the date of service of the order: (1) to notify 25 the Court in writing that he did not wish to file a second amended complaint and was willing to 26 proceed only on the First Amendment claim (Claim Two) against Defendant Melendrez, with the 27 remaining claims to be dismissed; or (2) to file a second amended complaint curing the 1 | dismissal. (/d. at 7-8.) 2 On February 15, 2024, Plaintiff filed a notice indicating he was willing to proceed only on 3 | the claim found cognizable by the Court. (Doc. 13.) 4 I. CONCLUSION AND RECOMMENDATIONS 5 For the reasons set forth in the Court’s Second Screening Order, the Court 6 | RECOMMENDS that: 7 1. This action PROCEED only on Plaintiff's First Amendment claim concerning the 8 right to send and receive mail (Claim Two), pursuant to 42 U.S.C. § 1983; and 9 2. Any remaining claims in Plaintiff's first amended complaint be DISMISSED. 10 These Findings and Recommendations will be submitted to the district judge assigned to 11 | this case, pursuant to 28 U.S.C. § 636(b)(1). Within 14 days of the date of service of these 12 | Findings and Recommendations, a party may file written objections with the Court. The 13 | document should be captioned, “Objections to Magistrate Judge’s Findings and 14 | Recommendations.” Failure to file objections within the specified time may result in waiver of 15 | rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 16 | Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 17 | IT IS SO ORDERED. 'S | Dated: _ February 16, 2024 | br Pr 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28