Allred v. California Department of Corrections & Rehabilitation et al

Filing 9

FINDINGS and RECOMMENDATIONS recommending that this action shall proceed against Defendants: Duroy, Johnosn, Moss and Martinez for deliberate indifference in violation of the Eighth Amendment; All other claims and Defendants be Dismissed from the act ion for failure to state a cognizable claim for relief re 1 Prisoner Civil Rights Complaint filed by Jesse D. Allred ; referred to Judge O'Neill,signed by Magistrate Judge Stanley A. Boone on 04/28/17. Objections to F&R due 15-Day Deadline (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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CALIFORNIA DEPARTMENT OF
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CORRECTIONS AND REHABILITATION,
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et al.,
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Defendants.
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JESSE D. ALLRED,

Case No.: 1:16-cv-01571-LJO-SAB (PC)
FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF CERTAIN
CLAIMS AND DEFENDANTS FOR FAILURE TO
STATE A COGNIZABLE CLAIM FOR RELIEF
[ECF Nos. 1, 6, 7]

Plaintiff Jesse D. Allred is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint in this action on October 18, 2016, which

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was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On April 5, 2017, the Court screened Plaintiff’s complaint pursuant to 28 U.S.C. § 1915A and

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found that Plaintiff stated a cognizable claim for deliberate indifference in violation of the Eighth

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Amendment against Defendants Duroy, Johnson, Moss, and Doe 1 (now identified by Plaintiff as x-

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ray technician Martinez). Plaintiff was directed to either file an amended complaint or notify the

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Court that he wished to proceed only the claim found to be cognizable. On April 27, 2017, Plaintiff

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filed a notice that he did not wish to amend his complaint and wants to proceed on the claim found to

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be cognizable in the April 5, 2017, screening order.

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The Court has found that Plaintiff has stated a cognizable claim against Defendants Duroy,

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Johnson, Moss, and Martinez and Plaintiff has not stated any other cognizable claims for relief.

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Accordingly, IT IS HEREBY RECOMMENDED that:
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deliberate indifference in violation of the Eighth Amendment; and
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This action shall proceed against Defendants Duroy, Johnson, Moss, and Martinez for

All other claims and Defendants be dismissed from the action for failure to state a

cognizable claim for relief.
This Findings and Recommendation will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days

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after being served with this Findings and Recommendation, Plaintiff may file written objections with

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the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendation.” Plaintiff is advised that failure to file objections within the specified time may

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result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014)

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

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IT IS SO ORDERED.

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Dated:

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April 28, 2017

UNITED STATES MAGISTRATE JUDGE

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