(PC) Madrid v. Anglea et al
ORDER Directing Clerk of Court to Assign a District Judge; FINDINGS and RECOMMENDATIONS recommending that Certain Claims and Defendants be DISMISSED re 11 Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Jennifer L. Thurston on 9/10/2020. Referred to Unassigned DJ. Objections to F&R due within fourteen (14) days. (Jessen, A)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
H. ANGLEA, et al.,
Case No. 1:19-cv-01456-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS CLAIMS AND
Clerk of the Court to assign a District Judge
On July 14, 2020, the Court screened Plaintiff’s first amended complaint and found that it
states cognizable claims against Defendant Anglea in his individual capacity, but not against
Defendants Toubeaux or Voong. (Doc. 12.) The Court further found that the complaint’s equal
protection, retaliation, and official-capacity claims were not cognizable. (Id.) The Court therefore
directed Plaintiff to file a second amended complaint curing the deficiencies in his pleading or to
notify the Court that he wishes to proceed only on the claims found cognizable. (Id. at 11-12.)
On September 8, 2020, Plaintiff filed a notice “that he wishes to proceed only on the
claims found cognizable by the court.” (Doc. 15.) Accordingly, and for the reasons set forth in the
Court’s screening order (Doc. 12), the Court RECOMMENDS that:
1. Defendants Toubeaux and Voong be DISMISSED; and,
2. Plaintiff’s claims against Defendants Toubeaux and Voong and his equal
protection, retaliation, and official-capacity claims be DISMISSED.
The Court DIRECTS the Clerk of the Court to assign a district judge to this action.
These Findings and Recommendations will be submitted to the United States District
Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of
the date of service of these Findings and Recommendations, Plaintiff may file written objections
with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings
and Recommendations.” Failure to file objections within the specified time may result in waiver
of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v.
Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
IT IS SO ORDERED.
September 10, 2020
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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