Alexander v. Ybarra et al

Filing 17

ORDER DIRECTING Office of the Clerk to Randomly Assign a District Judge to this Action; FINDINGS and RECOMMENDATIONS Recommending Dismissal of Certain Claims signed by Magistrate Judge Stanley A. Boone on 12/12/2017. Referred to Judge Dale A. Drozd. Objections to F&R Due within Fourteen (14) Days. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARRION LARRY ALEXANDER,

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Plaintiff,

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v.
G. YBARRA, et al.,

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Defendants.

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Case No.: 1:17-cv-00804-SAB (PC)
ORDER DIRECTING OFFICE OF THE CLERK
TO RANDOMLY ASSIGN A DISTRICT JUDGE
TO THIS ACTION
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF CERTAIN
CLAIMS
[ECF Nos. 1, 14, 15]

Plaintiff Darrion Larry Alexander is appearing pro se and in forma pauperis in this civil rights
action pursuant to 42 U.S.C. § 1983.
On November 21, 2017, the Court screened Plaintiff’s complaint and found that Plaintiff stated

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a cognizable claim against Defendants A. Johnson, G. Ybarra, E. Lopez, M. Garcia, E. Barron, O.

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Delgado, and T. Lee for excessive force in violation of the Eighth Amendment. (ECF No. 14.)

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However, Plaintiff has not sufficiently alleged facts to state a cognizable claim for deliberate

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indifference to a serious medical need against Defendant nurse J. Presson. (Id.) Plaintiff was given the

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opportunity to amend the complaint or notify the Court of his intent to proceed only on the excessive

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force claim against Defendants A. Johnson, G. Ybarra, E. Lopez, M. Garcia, E. Barron, O. Delgado,

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and T. Lee. (Id.) On December 11, 2017, Plaintiff notified the Court of his intent to proceed only on

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the claim of excessive force. (ECF No. 15.)

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Accordingly, for the reasons explained in the Court’s November 21, 2017 screening order, it is

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HEREBY RECOMMENDED that:
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Johnson, G. Ybarra, E. Lopez, M. Garcia, E. Barron, O. Delgado, and T. Lee;
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This action proceed on Plaintiff’s claim of excessive force against Defendants A.

Plaintiff’s claim of deliberate indifference against nurse J. Presson be dismissed for

failure to state a cognizable claim for relief; and

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The Office of the Clerk is directed to randomly assign this action to a District Judge.

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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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December 12, 2017
UNITED STATES MAGISTRATE JUDGE

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