(PC) Wallace v. California Department of Corrections & Rehabilitation et al
FINDINGS and RECOMMENDATIONS to dismiss claims and defendants signed by Magistrate Judge Jennifer L. Thurston on 11/19/2020. Referred to Judge NONE. Objections to F&R's due within 14-Days. (Lundstrom, T)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
WILLIAM JAMES WALLACE, II,
CALIFORNIA DEPARTMENT OF
REHABILITATION, et al.,
Case No. 1:20-cv-00905-NONE-JLT (PC)
FINDINGS AND RECOMMENDATIONS
TO DISMISS CLAIMS AND
On October 22, 2020, the Court screened Plaintiff’s complaint and found that it states
cognizable claims for violations of the Americans with Disabilities Act (ADA) against Defendant
CDCR and Defendants Ourique and Smith in their official capacities. (Doc. 20.) The Court found
that the complaint’s remaining claims were not cognizable. (Id.) The Court therefore directed
Plaintiff to file a first 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.)
On November 17, 2020, Plaintiff filed a “motion to proceed on claims found cognizable
by this Court.” (Doc. 21.) Accordingly, and for the reasons set forth in the Court’s screening
order (Doc. 20), the Court RECOMMENDS that:
1. Defendants Krzysiak, Merritt, and Sherman be DISMISSED; and,
2. The claims in Plaintiff’s complaint be DISMISSED, except for its ADA claims
against Defendant CDCR and Defendants Ourique and Smith in their official
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.
November 19, 2020
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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