Wiseman v. Biter et al
Filing
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ORDER Directing Clerk of Court to randomly Assign a District Judge to this Action, and FINDINGS and RECOMMENDATIONS Recommending Dismissal of Defendant Warden Biter re 1 , 7 , 8 , signed by Magistrate Judge Stanley A. Boone on 3/22/18. This case has been assigned to Chief Judge Lawrence J. O'Neill and Magistrate Judge Stanley A. Boone. The New Case No. is: 1:18-cv-0126-LJO-SAB. Referred to Judge O'Neill. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHESTER RAY WISEMAN,
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Plaintiff,
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v.
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MARTIN D. BITER, et al.,
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Defendants.
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Case No.: 1:18-cv-00126-SAB (PC)
ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE TO
THIS ACTION, AND FINDINGS AND
RECOMMENDATION RECOMMENDING
DISMISSAL OF DEFENDANT WARDEN BITER
[ECF Nos. 1, 7, 8]
Plaintiff Chester Ray Wiseman is appearing pro se and in forma pauperis in this civil rights
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action pursuant to 42 U.S.C. § 1983.
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On March 2, 2018, the Court screened Plaintiff’s complaint and found that it stated a
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cognizable claim for deliberate indifference to a serious medical need against Defendants Romero,
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Swanson, R. Rivera. M. Pomoa and R. Perez. (ECF No. 7.) Plaintiff did not state a cognizable claim
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against Defendant Warden Biter. (Id.) Plaintiff was granted an opportunity to amend his complaint,
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or notify the Court that he is agreeable to proceeding only on the deliberate indifference claim against
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the above named Defendants. (Id.)
On March 14, 2018, Plaintiff notified the Court that he wished to proceed only on the
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deliberate indifference claim against Defendants Romero, Swanson, R. Rivera. M. Pomoa and R.
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Perez. (ECF No. 8.)
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As a result, the Court will recommend that this action only proceed on the claim identified
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above, and all other claims and defendants be dismissed for the reasons stated in the Court’s March 2,
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2018 screening order. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic
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Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010).
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Accordingly, it is HEREBY RECOMMENDED that:
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This action proceed on Plaintiff’s claim of deliberate indifference against Defendants
Romero, Swanson, R. Rivera. M. Pomoa and R. Perez;
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2.
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Defendant Warden Biter be dismissed from the action consistent with the reasons set
forth in the Court’s March 2, 2018 screening order; and
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The Clerk of Court is directed to randomly assign a District Judge to this action.
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These findings and recommendations will be submitted to the United States District Judge
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assigned to the case, pursuant to the provision of 28 U.S.C. §636 (b)(1)(B). Within fourteen (14) days
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after being served with these Finding and Recommendations, Plaintiff may file written objections with
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the Court. The document should be captioned “Objections to Findings and Recommendations.”
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Plaintiff is advised that failure to file objections within the specified time may result in the waiver of
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rights on appeal. Wilkerson v. Wheeler, 772 F.2d F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v.
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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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March 22, 2018
UNITED STATES MAGISTRATE JUDGE
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