(PC)Rangel v. Chen et al, No. 1:2015cv01349 - Document 13 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS for Service of Cognizable Claim Against Defendant Manasrah, and to Dismiss All Other Claims and Defendants with Prejudice, signed by Magistrate Judge Michael J. Seng on 1/6/16. Referred to Judge Drozd. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL RANGEL, 10 11 12 Plaintiff, v. CHEN, et al., 13 CASE NO. 1:15-cv-01349-DAD-MJS (PC) FINDINGS AND RECOMMENDATIONS (1) FOR SERVICE OF COGNIZABLE CLAIM AGAINST DEFENDANT MANASRAH, AND (2) TO DISMISS ALL OTHER CLAIMS AND DEFENDANTS WITH PREJUDICE Defendants. 14 (ECF No. 1) 15 FOURTEEN (14) DAY OBJECTION DEADLINE 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. On September 21, 2015, the Court screened Plaintiff’s complaint (ECF No. 1), and found that it stated a cognizable Eighth Amendment medical indifference claim against Defendant Manasrah, but no other cognizable claims. (ECF No. 7.) Plaintiff was given the option either to file an amended complaint or to proceed only on the claim found to be cognizable. (Id.) Plaintiff responded that he wished to proceed only on the cognizable claim. (ECF No. 12.) Accordingly, it is HEREBY RECOMMENDED that: 1. Plaintiff proceed on his Eighth Amendment medical indifference claim 1 2 against Defendant Manasrah; 2. 3 4 be dismissed with prejudice, 3. Service be initiated on the following Defendants: A. MANASRAH – Nurse at Kern Valley State Prison;. 5 6 All other claims asserted in the complaint and all other named Defendants 4. The Clerk of the Court should send Plaintiff one USM-285 form, one 7 summons, a Notice of Submission of Documents form, an instruction sheet 8 and a copy of the complaint filed September 3, 2015; 9 5. Within thirty (30) days from the date of adoption of these findings and 10 recommendations, Plaintiff should complete and return to the Court the 11 notice of submission of documents along with the following documents: 12 a. One completed summons, 13 b. One completed USM-285 form for the Defendant listed above, 14 c. Two (2) copies of the endorsed complaint filed September 3, 2015; 15 and 16 6. Upon receipt of the above-described documents, the Court should direct 17 the United States Marshal to serve the above-named Defendant pursuant 18 to Federal Rule of Civil Procedure 4 without payment of costs. 19 These findings and recommendations will be submitted to the United States 20 District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 21 636(b)(1). Within fourteen (14) days after being served with the findings and 22 recommendations, the parties may file written objections with the Court. The document 23 should be captioned “Objections to Magistrate Judge’s Findings and Recommendation.” 24 A party may respond to another party’s objections by filing a response within fourteen 25 (14) days after being served with a copy of that party’s objections. The parties are 26 advised that failure to file objections within the specified time may result in the waiver of 27 28 2 1 rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter 2 v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 3 4 5 IT IS SO ORDERED. Dated: January 6, 2016 /s/ 6 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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