Lewis v. Vasquez et al

Filing 9

FINDINGS and RECOMMENDATIONS recommending that this action shall proceed on Plaintiff's damages claim for retaliation against Defendant Vasquez only; all other claims and Defendants be DISMISSED from the action for failure to state a cognizable claim for relief re 1 Prisoner Civil Rights Complaint filed by Lonnie Lewis ; referred to Judge O'Neill,signed by Magistrate Judge Stanley A. Boone on 05/30/2017. Objections to F&R due (14-Day Deadline) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LONNIE LEWIS, 12 13 14 15 Plaintiff, v. J. VASQUEZ, et al., Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-00131-LJO-SAB (PC) FINDINGS AND RECOMMENDATIONS RECOMMENDING THIS ACTION PROCEED AGAINST ONLY DEFENDANT VASQUEZ FOR RETALIATION IN VIOLATION OF THE FIRST AMENDMENT AND DISMISSING ALL OTHER CLAIMS AND DEFENDANTS [ECF Nos. 1, 7, 8] Plaintiff Lonnie Lewis is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. Following Plaintiff’s decline to proceed before a United States 19 Magistrate Judge, this matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) 20 and Local Rule 302. 21 On April 20, 2017, the undersigned screened Plaintiff’s complaint and found that Plaintiff 22 stated a cognizable damages claim against Defendant Vasquez for retaliation in violation of the First 23 Amendment based on Defendant Vasquez requesting that Plaintiff be placed in administrative 24 segregation and transferred to another prison because of Plaintiff’s August 18, 2014 appeal. Plaintiff 25 was granted the option of either filing an amended complaint or notifying the Court of his intent to 26 proceed only on the retaliation claim against Defendant Vasquez and dismissing all other claims and 27 Defendants from the action. On May 25, 2017, Plaintiff notified the Court of his intent to proceed 28 only against Defendant Vasquez for retaliation in violation of the First Amendment. 1 1 Accordingly, it is HEREBY RECOMMENDED that: 2 1. 3 Vasquez only; 2. 4 5 This action shall proceed on Plaintiff’s damages claim for retaliation against Defendant All other claims and Defendants be dismissed from the action for failure to state a cognizable claim for relief. These Findings and Recommendations will be submitted to the United States District Judge 6 7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days 8 after being served with these Findings and Recommendations, Plaintiff may file written objections 9 with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 10 Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 11 result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 12 (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 14 IT IS SO ORDERED. 15 Dated: 16 May 30, 2017 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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