(PC) Wallace v. California Department of Corrections & Rehabilitation et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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WILLIAM JAMES WALLACE, II,
Plaintiff,
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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.
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On October 22, 2020, the Court screened Plaintiff’s complaint and found that it states
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cognizable claims for violations of the Americans with Disabilities Act (ADA) against Defendant
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CDCR and Defendants Ourique and Smith in their official capacities. (Doc. 20.) The Court found
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that the complaint’s remaining claims were not cognizable. (Id.) The Court therefore directed
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Plaintiff to file a first amended complaint curing the deficiencies in his pleading or to notify the
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Court that he wishes to proceed only on the claims found cognizable. (Id.)
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On November 17, 2020, Plaintiff filed a “motion to proceed on claims found cognizable
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by this Court.” (Doc. 21.) Accordingly, and for the reasons set forth in the Court’s screening
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order (Doc. 20), the Court RECOMMENDS that:
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1. Defendants Krzysiak, Merritt, and Sherman be DISMISSED; and,
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2. The claims in Plaintiff’s complaint be DISMISSED, except for its ADA claims
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against Defendant CDCR and Defendants Ourique and Smith in their official
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capacities.
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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:
November 19, 2020
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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