(PC) Wiseman v. Biter et al, No. 1:2018cv00126 - Document 9 (E.D. Cal. 2018)

Court Description: ORDER Directing Clerk of Court to randomly Assign a District Judge to this Action, and FINDINGS and RECOMMENDATIONS Recommending Dismissal of Defendant Warden Biter re 1 , 7 , 8 , signed by Magistrate Judge Stanley A. Boone on 3/22/18. This case has been assigned to Chief Judge Lawrence J. O'Neill and Magistrate Judge Stanley A. Boone. The New Case No. is: 1:18-cv-0126-LJO-SAB. Referred to Judge O'Neill. Objections to F&R Due Within Fourteen Days. (Gonzalez, R)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHESTER RAY WISEMAN, 12 Plaintiff, 13 v. 14 MARTIN D. BITER, et al., 15 Defendants. 16 Case No.: 1:18-cv-00126-SAB (PC) ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION, AND FINDINGS AND RECOMMENDATION RECOMMENDING DISMISSAL OF DEFENDANT WARDEN BITER [ECF Nos. 1, 7, 8] Plaintiff Chester Ray Wiseman is appearing pro se and in forma pauperis in this civil rights 17 18 ) ) ) ) ) ) ) ) ) ) action pursuant to 42 U.S.C. § 1983. 19 On March 2, 2018, the Court screened Plaintiff’s complaint and found that it stated a 20 cognizable claim for deliberate indifference to a serious medical need against Defendants Romero, 21 Swanson, R. Rivera. M. Pomoa and R. Perez. (ECF No. 7.) Plaintiff did not state a cognizable claim 22 against Defendant Warden Biter. (Id.) Plaintiff was granted an opportunity to amend his complaint, 23 or notify the Court that he is agreeable to proceeding only on the deliberate indifference claim against 24 the above named Defendants. (Id.) On March 14, 2018, Plaintiff notified the Court that he wished to proceed only on the 25 26 deliberate indifference claim against Defendants Romero, Swanson, R. Rivera. M. Pomoa and R. 27 Perez. (ECF No. 8.) 28 /// 1 1 As a result, the Court will recommend that this action only proceed on the claim identified 2 above, and all other claims and defendants be dismissed for the reasons stated in the Court’s March 2, 3 2018 screening order. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic 4 Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). 5 Accordingly, it is HEREBY RECOMMENDED that: 6 1. This action proceed on Plaintiff’s claim of deliberate indifference against Defendants Romero, Swanson, R. Rivera. M. Pomoa and R. Perez; 7 2. 8 Defendant Warden Biter be dismissed from the action consistent with the reasons set forth in the Court’s March 2, 2018 screening order; and 9 10 3. The Clerk of Court is directed to randomly assign a District Judge to this action. 11 These findings and recommendations will be submitted to the United States District Judge 12 assigned to the case, pursuant to the provision of 28 U.S.C. §636 (b)(1)(B). Within fourteen (14) days 13 after being served with these Finding and Recommendations, Plaintiff may file written objections with 14 the Court. The document should be captioned “Objections to Findings and Recommendations.” 15 Plaintiff is advised that failure to file objections within the specified time may result in the waiver of 16 rights on appeal. Wilkerson v. Wheeler, 772 F.2d F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. 17 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 18 19 IT IS SO ORDERED. 20 Dated: 21 March 22, 2018 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 2