(PC) Gardner v. CDCR et al

Filing 17

FINDINGS and RECOMMENDATIONS Recommending Dismissal of Certain Defendants signed by Magistrate Judge Stanley A. Boone on 1/6/2025. Referred to Judge Jennifer L. Thurston. Objections to F&R due within Fourteen (14) Days. (Deputy Clerk SSA)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL OWEN GARDNER,

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Plaintiff,

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v.

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A. MELERO, et al.,

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No. 1:24-cv-00933-JLT-SAB (PC)
FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSAL OF
CERTAIN DEFENDANTS
(ECF No. 15)

Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42
U.S.C. § 1983.

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On December 5, 2024, the Court screened Plaintiff’s first amended complaint, and found

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that he stated a cognizable claim for deliberate indifference to safety against Defendants Hyatt,

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Alvardo, Geels, Guzman-Ramirez, Guillen, Torres-Rocha, D. Martinez, and Melero. (ECF No.

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15.) However, Plaintiff failed to state a cognizable claim against any other named Defendants.

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Plaintiff was granted the opportunity to file an amended complaint or notify the Court of his

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intent to proceed on the claims found to be cognizable. (Id.) On January 2, 2025, Plaintiff filed a

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notice of intent to proceed on the claim found to be cognizable. (ECF No. 10.)

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Accordingly, it is HEREBY RECOMMENDED that:

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This action proceed on Plaintiff’s deliberate indifference claim against Defendants

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Hyatt, Alvardo, Geels, Guzman-Ramirez, Guillen, Torres-Rocha, D. Martinez, and

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Melero; and

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2.

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All other Defendants be dismissed from the action for failure to state a cognizable
claim for relief.

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These Findings and Recommendations will be submitted to the United States District Judge

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

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days after being served with these Findings and Recommendations, Plaintiff may file written

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objections with the Court, limited to 15 pages, including exhibits. The document should be

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captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised

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that failure to file objections within the specified time may result in the waiver of rights on appeal.

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Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d

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1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

January 6, 2025
STANLEY A. BOONE
United States Magistrate Judge

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