(PC) Wallace v. California Department of Corrections & Rehabilitation et al

Filing 22

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM JAMES WALLACE, II, Plaintiff, 12 13 14 15 16 v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Case No. 1:20-cv-00905-NONE-JLT (PC) FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS AND DEFENDANTS 14-DAY DEADLINE Defendants. 17 18 On October 22, 2020, the Court screened Plaintiff’s complaint and found that it states 19 cognizable claims for violations of the Americans with Disabilities Act (ADA) against Defendant 20 CDCR and Defendants Ourique and Smith in their official capacities. (Doc. 20.) The Court found 21 that the complaint’s remaining claims were not cognizable. (Id.) The Court therefore directed 22 Plaintiff to file a first amended complaint curing the deficiencies in his pleading or to notify the 23 Court that he wishes to proceed only on the claims found cognizable. (Id.) 24 On November 17, 2020, Plaintiff filed a “motion to proceed on claims found cognizable 25 by this Court.” (Doc. 21.) Accordingly, and for the reasons set forth in the Court’s screening 26 order (Doc. 20), the Court RECOMMENDS that: 27 1. Defendants Krzysiak, Merritt, and Sherman be DISMISSED; and, 28 2. The claims in Plaintiff’s complaint be DISMISSED, except for its ADA claims 1 against Defendant CDCR and Defendants Ourique and Smith in their official 2 capacities. 3 These Findings and Recommendations will be submitted to the United States District 4 Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of 5 the date of service of these Findings and Recommendations, Plaintiff may file written objections 6 with the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings 7 and Recommendations.” Failure to file objections within the specified time may result in waiver 8 of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 9 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 10 11 12 IT IS SO ORDERED. Dated: November 19, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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