(PC) King v. Stane et al, No. 1:2017cv01660 - Document 14 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS; OBJECTIONS, If Any, Due Within Fourteen Days; ORDER DIRECTING Clerk to Assign District Judge - CASE ASSIGNED to District Judge Anthony W. Ishii and Magistrate Judge Erica P. Grosjean. New Case No. 1:17-cv-01660 AWI EPG (PC), signed by Magistrate Judge Erica P. Grosjean on 6/20/2018. (Hellings, J)
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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 LARRY DONNELL KING, Plaintiff, 11 12 13 14 v. M. STANE, et al., Defendants. Case No. 1:17-cv-01660-EPG (PC) FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT ALL CLAIMS AND DEFENDANTS BE DISMISSED, EXCEPT FOR PLAINTIFF’S FOURTEENTH AMENDMENT DEVEREAUX CLAIM AND DUE PROCESS CLAIM AGAINST DEFENDANT STANE 15 (ECF NOS. 1 & 11) 16 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 17 ORDER DIRECTING CLERK TO ASSIGN DISTRICT JUDGE 18 19 20 Larry King (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 21 Plaintiff filed the complaint commencing this action on December 11, 2017. (ECF No. 22 1). The Court screened Plaintiff’s complaint. (ECF No. 11). The Court found that Plaintiff 23 stated “a cognizable Fourteenth Amendment Devereaux claim and a cognizable due process 24 claim against defendant Stane.” (Id. at 12). The Court also found that Plaintiff “failed to state 25 any other cognizable claims.” (Id). 26 The Court allowed Plaintiff to choose between proceeding only on the claims found 27 cognizable by the Court in the screening order, amending the complaint, or standing on the 28 complaint subject to the Court issuing findings and recommendations to a district judge 1 1 consistent with the screening order. (Id. at 13). On June 18, 2018, Plaintiff notified the Court 2 that he is willing to proceed only on the claims found cognizable by the screening order. (ECF 3 No. 12). 4 Accordingly, for the reasons set forth in the Court’s screening order that was entered on 5 May 29, 2018 (ECF No. 11), and because Plaintiff has notified the Court that he is willing to 6 proceed only on the claims found cognizable by the Court (ECF No. 12), it is HEREBY 7 RECOMMENDED that all claims and defendants be dismissed, except for Plaintiff’s 8 Fourteenth Amendment Devereaux claim and due process claim against defendant Stane. 9 These findings and recommendations are submitted to the United States district judge 10 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 11 (14) days after being served with these findings and recommendations, Plaintiff may file 12 written objections with the Court. 13 Magistrate Judge=s Findings and Recommendations.” Plaintiff is advised that failure to file 14 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 15 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 16 (9th Cir. 1991)). 17 18 The document should be captioned “Objections to Additionally, IT IS ORDERED that the Clerk of Court is directed to assign a district judge to this case. 19 20 21 IT IS SO ORDERED. Dated: June 20, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2