Jackson v. Davis, et al.

Filing 19

FINDINGS and RECOMMENDATIONS: (1) For Service of Cognizable Eighth Amendment Claim Against Defendant Johnson; and (2) To Dismiss All Other Claims and Defendants With Prejudice re 13 Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Michael J. Seng on 1/19/2017. Referred to Judge Drozd. Objections to F&R due within fourteen (14) days. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE JACKSON,

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Plaintiff,
v.

CASE No. 1:16-cv-0148 DAD MJS (PC)
FINDINGS AND RECOMMENDATIONS
(1) FOR SERVICE OF COGNIZABLE
EIGHTH AMENDMENT CLAIM AGAINST
DEFENDANT JOHNSON; AND

R. DAVIS, et al.,
Defendants.

(2) TO DISMISS ALL OTHER CLAIMS
AND DEFENDANTS WITH PREJUDICE

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(ECF NOS. 13, 17)

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FOURTEEN-DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action filed pursuant to 42 U.S.C. § 1983. On December 12, 2016, Plaintiff’s

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Second Amended Complaint was screened and found to state an Eighth Amendment

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claim against Defendant Johnson. (ECF No. 17.) Plaintiff was directed to file a Third

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Amended Complaint or a notice of his willingness to proceed with the cognizable claim

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and dismiss all other claims and Defendants. Plaintiff has now filed a notice of his

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willingness to proceed on the Second Amended Complaint as screened. (ECF No. 18.)

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Accordingly, IT IS HEREBY RECOMMENDED that:

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1.

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Plaintiff proceed on his Eighth Amendment claim against Defendant
Johnson;

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All other claims asserted in the Second Amended Complaint and all other
named Defendants be dismissed with prejudice;

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3.

Service be initiated on Defendant P. JOHNSON;

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4.

The Clerk of the Court should send Plaintiff one (1) USM-285 forms, one

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(1) summons, a Notice of Submission of Documents form, an instruction

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sheet and a copy of the Second Amended Complaint filed August 15,
2016;

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5.

Within thirty (30) days from the date of adoption of these findings and

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recommendations, Plaintiff should complete and return to the Court the

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notice of submission of documents along with the following documents:

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a.

Completed summons,

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b.

One completed USM-285 form for each Defendant listed above,

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c.

Two (2) copies of the endorsed complaint filed August 15, 2016; and

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6.

Upon receipt of the above-described documents, the Court should direct

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the United States Marshal to serve the above-named Defendants pursuant

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to Federal Rule of Civil Procedure 4 without payment of costs.

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These findings and recommendations will be submitted to the United States

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District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. §

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636(b)(1). Within fourteen (14) days after being served with the findings and

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recommendations, the parties may file written objections with the Court. The document

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should be captioned “Objections to Magistrate Judge’s Findings and Recommendation.”

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A party may respond to another party’s objections by filing a response within fourteen

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(14) days after being served with a copy of that party’s objections. The parties are

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advised that failure to file objections within the specified time may result in the waiver of

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rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter

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v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

January 19, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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