(PC) Jefferson v. Calfornia Department of Corrections, et al, No. 1:2014cv00869 - Document 11 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS Recommending That This Action Proceed Only Against Defendant Knuckles for Failure to Protect Plaintiff, and That All Other Claims and Defendants be Dismissed, signed by Magistrate Judge Gary S. Austin on 8/4/15, referred to Judge Ishii. Objections to F&R Due Within Twenty Days. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OMAR MALIK JEFFERSON, 12 13 14 15 16 Plaintiff, vs. R. KNUCKLES, et al., Defendants. 1:14-cv-00869-AWI-GSA-PC FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION PROCEED ONLY AGAINST DEFENDANT KNUCKLES FOR FAILURE TO PROTECT PLAINTIFF, AND THAT ALL OTHER CLAIMS AND DEFENDANTS BE DISMISSED OBJECTIONS, IF ANY, DUE IN 20 DAYS 17 18 Omar Malik Jefferson (APlaintiff@) is a state prisoner proceeding pro se in this civil 19 rights action pursuant to 42 U.S.C. ' 1983. The case now proceeds on the original Complaint 20 filed by Plaintiff on May 27, 2014. (ECF No. 1.) The Complaint names as defendants the 21 CDCR, Sergeant R. Knuckles, Sgt. J. Kohler, Correctional Officer (C/O) Gonzalez-Moran, and 22 C/O G. Sandoval, and alleges claims for failure to protect Plaintiff and failure to summon 23 medical assistance, in violation of the Eighth Amendment. 24 The court screened Plaintiff=s Complaint pursuant to 28 U.S.C. ' 1915A and found that 25 it states a cognizable claim under § 1983 against Sgt. R. Knuckles, for failure to protect 26 Plaintiff. (ECF No. 9.) On July 21, 2015, Plaintiff was granted leave to either file an amended 27 complaint or notify the court that he is willing to proceed only on the claim found cognizable 28 by the court. (Id.) On July 30, 2015, Plaintiff filed a notice informing the court that he is 1 1 willing to proceed only on the failure to protect claim against Sgt. R. Knuckles, and wishes to 2 “drop all claims against all other Defendants.” (ECF No. 10.) 3 Based on the foregoing, it is HEREBY RECOMMENDED that: 4 1. 5 This action proceed only against defendant Sgt. R. Knuckles, on Plaintiff’s failure to protect claim under the Eighth Amendment; 6 2. All remaining claims and defendants be dismissed from this action; 7 3. Plaintiff’s claim for failure to summon medical assistance be dismissed for 8 9 failure to state a claim upon which relief may be granted under § 1983; 4. Defendants CDCR, Sgt. J. Kohler, C/O Gonzalez-Moran, and C/O G. Sandoval 10 be dismissed from this action based on Plaintiff's failure to state any claims upon 11 which relief may be granted against them. 12 These Findings and Recommendations will be submitted to the United States District 13 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. ' 636(b)(l). Within 14 twenty (20) days after being served with these Findings and Recommendations, Plaintiff may 15 file written objections with the Court. The document should be captioned AObjections to 16 Magistrate Judge=s Findings and Recommendations.@ Plaintiff is advised that failure to file 17 objections within the specified time may waive the right to appeal the District Court=s order. 18 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 19 20 21 22 IT IS SO ORDERED. Dated: August 4, 2015 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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