(PC) Madrid v. Anglea et al

Filing 17

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEJANDRO MADRID,

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Plaintiff,
v.
H. ANGLEA, et al.,

Case No. 1:19-cv-01456-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS CLAIMS AND
DEFENDANTS
14-DAY DEADLINE

Defendants.
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

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states cognizable claims against Defendant Anglea in his individual capacity, but not against

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Defendants Toubeaux or Voong. (Doc. 12.) The Court further found that the complaint’s equal

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protection, retaliation, and official-capacity claims were not cognizable. (Id.) The Court therefore

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directed Plaintiff to file a second amended complaint curing the deficiencies in his pleading or to

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notify the Court that he wishes to proceed only on the claims found cognizable. (Id. at 11-12.)

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On September 8, 2020, Plaintiff filed a notice “that he wishes to proceed only on the

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claims found cognizable by the court.” (Doc. 15.) Accordingly, and for the reasons set forth in the

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Court’s screening order (Doc. 12), the Court RECOMMENDS that:

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1. Defendants Toubeaux and Voong be DISMISSED; and,

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2. Plaintiff’s claims against Defendants Toubeaux and Voong and his equal

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protection, retaliation, and official-capacity claims be DISMISSED.

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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

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Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of

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the date of service of 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

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and Recommendations.” Failure to file objections within the specified time may result in waiver

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of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (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.
Dated:

September 10, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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