(PC) Navarro v. StClair et al

Filing 13

ORDER Directing Clerk of Court to Assign a District Judge; FINDINGS and RECOMMENDATIONS recommending that Plaintiff's Official-Capacity Claims be DISMISSED re 8 Amended Prisoner Civil Rights Complaint signed by Magistrate Judge Sheila K. Oberto on 8/28/2020. 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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GILBERT NAVARRO,

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Plaintiff,
v.
J. STCLAIR, et al.,

Case No. 1:20-cv-00524-SKO (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS OFFICIAL-CAPACITY
CLAIMS
14-DAY DEADLINE

Defendants.
Clerk of the Court to assign a District Judge

On August 14, 2020, the Court screened Plaintiff’s first amended complaint and found

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that it states cognizable claims of deliberate indifference against the defendants in their individual

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capacities, but not in their official capacities. (Doc. 10.) The Court therefore directed Plaintiff to

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file a second amended complaint curing the deficiencies in his pleading or to notify the Court that

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he wishes to proceed only on his individual-capacity claims. (Id. at 1, 4.)

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On August 26, 2020, Plaintiff filed a notice that he wishes to “proceed on the cognizable

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claims against the named defendants in their ‘individual capacities’” and to “dismiss[] his official

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capacity claims.” (Doc. 11.) Accordingly, and for the reasons set forth in the Court’s screening

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order (Doc. 10), the Court RECOMMENDS that Plaintiff’s official-capacity claims be

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DISMISSED. The Court DIRECTS the Clerk of the Court to assign a district judge to this action.

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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

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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:

August 28, 2020

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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