(PC) Reed v. Vera et al, No. 1:2018cv00297 - Document 16 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS, Recommending that All Claims and Defendants Be Dismissed, Except for Plaintiff's Claim Against Defendant Madsen for Violating the Americans With Disabilities Act 1 & 14 , signed by Magistrate Judge Erica P. Grosjean on 9/12/2018: 14-Day Deadline. (Hellings, J)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 9 MYCHAL REED, Plaintiff, 10 11 12 13 v. P. VERA, et al., Defendants. Case No. 1:18-cv-00297-AWI-EPG (PC) FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT ALL CLAIMS AND DEFENDANTS BE DISMISSED, EXCEPT FOR PLAINTIFF’S CLAIM AGAINST DEFENDANT MADSEN FOR VIOLATING THE AMERICANS WITH DISABILITIES ACT (ECF NOS. 1 & 14) 14 OBJECTIONS, IF ANY, DUE WITHIN FOURTEEN DAYS 15 16 17 18 Mychal Reed (“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. 19 Plaintiff filed the complaint commencing this action on February 27, 2018. (ECF No. 20 1). The Court screened Plaintiff’s complaint. (ECF No. 14). The Court found that Plaintiff’s 21 complaint stated “a non-frivolous claim against Defendant Madsen for violating the Americans 22 with Disabilities Act.” (Id. at 9). The Court also found that Plaintiff failed to state any other 23 cognizable claims. (Id). 24 The Court allowed Plaintiff to choose between proceeding only on the claim found 25 cognizable by the Court in the screening order, amending the complaint, or standing on the 26 complaint subject to the Court issuing findings and recommendations to a district judge 27 consistent with the screening order. (Id.). On September 10, 2018, Plaintiff notified the Court 28 that he wishes to proceed only on his claim against Defendant Madsen for violating the 1 1 Americans with Disabilities Act. (ECF No. 15). 2 Accordingly, for the reasons set forth in the Court’s screening order that was entered on 3 August 27, 2018 (ECF No. 14), and because Plaintiff has notified the Court that he is willing to 4 proceed only his claim against Defendant Madsen for violating the Americans with Disabilities 5 Act (ECF No. 15), it is HEREBY RECOMMENDED that all claims and defendants be 6 dismissed, except for Plaintiff’s claim against Defendant Madsen for violating the Americans 7 with Disabilities Act. 8 These findings and recommendations are submitted to the United States district judge 9 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 10 (14) days after being served with these findings and recommendations, Plaintiff may file 11 written objections with the Court. 12 Magistrate Judge=s Findings and Recommendations.” Plaintiff is advised that failure to file 13 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 14 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 15 (9th Cir. 1991)). The document should be captioned “Objections to 16 17 18 19 IT IS SO ORDERED. Dated: September 12, 2018 /s/ UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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