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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LONNIE LEWIS,

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Plaintiff,
v.
J. VASQUEZ, et al.,
Defendants.

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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

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pursuant to 42 U.S.C. § 1983. Following Plaintiff’s decline to proceed before a United States

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Magistrate Judge, this matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B)

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and Local Rule 302.

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On April 20, 2017, the undersigned screened Plaintiff’s complaint and found that Plaintiff

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stated a cognizable damages claim against Defendant Vasquez for retaliation in violation of the First

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Amendment based on Defendant Vasquez requesting that Plaintiff be placed in administrative

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segregation and transferred to another prison because of Plaintiff’s August 18, 2014 appeal. Plaintiff

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was granted the option of either filing an amended complaint or notifying the Court of his intent to

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proceed only on the retaliation claim against Defendant Vasquez and dismissing all other claims and

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Defendants from the action. On May 25, 2017, Plaintiff notified the Court of his intent to proceed

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only against Defendant Vasquez for retaliation in violation of the First Amendment.
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Accordingly, it is HEREBY RECOMMENDED that:

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Vasquez only;
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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

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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 these Findings and Recommendations, Plaintiff may file written objections

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

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Recommendations.” 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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May 30, 2017
UNITED STATES MAGISTRATE JUDGE

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