Larry v. Goodwin, et al.

Filing 13

FINDINGS and RECOMMENDATIONS Recommending that this Action Proceed Only Against Defendants Goodwin and Reis, on Plaintiff's Eighth Amendment Conditions of Confinement Claims, and that all Other Claims and Defendants be Dismissed, signed by Magistrate Judge Gary S. Austin on 10/31/17. Objections, if any, Due in 14 Days. Referred to Judge Drozd. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JERALD MORRIS LARRY, 12 Plaintiff, 13 14 vs. S. GOODWIN, et al., 15 Defendants. 16 FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION PROCEED ONLY AGAINST DEFENDANTS GOODWIN AND REIS, ON PLAINTIFF=S EIGHTH AMENDMENT CONDITIONS OF CONFINEMENT CLAIMS, AND THAT ALL OTHER CLAIMS AND DEFENDANTS BE DISMISSED OBJECTIONS, IF ANY, DUE IN 14 DAYS 17 18 1:17-cv-00172-DAD-GSA-PC I. BACKGROUND 19 Jerald Morris Larry (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. On February 8, 2017, 21 Plaintiff filed the Complaint commencing this action. 22 defendants S. Goodwin (Supervisor Cook), Reis (Supervisor Cook I), and John Does #1 and #2 23 (Maintenance Workers). (Id.) (ECF No. 1.) Plaintiff named as 24 The court screened Plaintiff’s Complaint pursuant to 28 U.S.C. ' 1915A and found that 25 it states cognizable Eighth Amendment claims for adverse conditions of confinement under § 26 1983 against defendants Reis and Goodwin. (ECF No. 11.) On October 10, 2017, Plaintiff was 27 granted leave to either file an amended complaint or notify the court that he is willing to 28 proceed only on the claims found cognizable by the court. (Id.) On October 27, 2017, Plaintiff 1 1 filed a notice informing the court that he does not wish to file an amended complaint and would 2 like to proceed only on the cognizable Eighth Amendment claims against defendants Reis and 3 Goodwin. (ECF No. 12.) 4 II. CONCLUSION AND RECOMMENDATIONS 5 Based on the foregoing, it is HEREBY RECOMMENDED that: 6 1. This action proceed only against defendants S. Goodwin (Supervisor Cook) and 7 Reis (Supervisor Cook I), on Plaintiff’s claims for adverse conditions of 8 confinement under the Eighth Amendment; 9 2. All remaining claims and defendants be dismissed from this action; and 10 3. Defendants John Does #1 and #2 (Maintenance Workers) be dismissed from this 11 action based on Plaintiff’s failure to state any claims upon which relief may be 12 granted against them. 13 These Findings and Recommendations will be submitted to the United States District 14 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within 15 fourteen (14) days after the date of service of these Findings and Recommendations, Plaintiff 16 may file written objections with the Court. The document should be captioned “Objections to 17 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 18 objections within the specified time may waive the right to appeal the District Court’s order. 19 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 20 21 22 23 IT IS SO ORDERED. Dated: October 31, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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