(PC) Chatman v. Vera et al, No. 1:2018cv01463 - Document 8 (E.D. Cal. 2018)

Court Description: ORDER Directing Clerk of Court to Randomly Assign a District Judge to This Action; FINDINGS and RECOMMENDATIONS recommending that Certain Claims and Defendants be DISMISSED re 1 Prisoner Civil Rights Complaint signed by Magistrate Judge Stanley A . Boone on 11/20/2018. This case has been assigned to District Judge Dale A. Drozd and Magistrate Judge Stanley A. Boone. The new case number is 1:18-cv-01463-DAD-SAB (PC). Referred to Judge Drozd. Objections to F&R due within fourteen (14) days. (Jessen, A)
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(PC) Chatman v. Vera et al Doc. 8 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AUDREE CHATMAN, 12 Plaintiff, 13 v. 14 H. VERA, et al., 15 Defendants. 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:18-cv-01463-SAB (PC) ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS [ECF Nos. 1, 5, 7] Plaintiff Audree Chatman is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On October 31, 2018, the undersigned screened Plaintiff’s complaint and found that Plaintiff 21 stated a cognizable excessive force claim against Defendant H. Vera. (ECF No. 5.) However, 22 Plaintiff did not state any other claims for relief. (Id.) The Court granted Plaintiff leave to amend the 23 complaint or notify the Court in writing of his intent to proceed only the retaliation claim. (Id.) On 24 November 19, 2018, Plaintiff notified the Court of his intent to proceed only on the excessive force 25 claim. (ECF No. 9.) As a result, the Court will recommend that this action only proceed on the 26 excessive force claim against Defendant H. Vera, and all other claims and Defendants be dismissed for 27 the reasons stated in the Court’s October 31, 2018 screening order. Fed. R. Civ. P. 8(a); Ashcroft v. 28 1 Dockets.Justia.com 1 Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. 2 Pliler, 627 F.3d 338, 342 (9th Cir. 2010). 3 Accordingly, it is HEREBY RECOMMENDED that: 4 1. This action proceed on Plaintiff’s excessive force claim against Defendant H. Vera; 5 2. All other claims and Defendants be dismissed for failure to state a claim upon which 6 relief could be granted, consistent with the reasoning set forth Court’s October 31, 2018 7 order; and 8 3. The Clerk of Court is directed to randomly assign a District Judge to this action. 9 These findings and recommendations will be submitted to the United States District Judge 10 assigned to the case, pursuant to the provision of 28 U.S.C. §636 (b)(1)(B). Within fourteen (14) days 11 after being served with these Finding and Recommendations, Plaintiff may file written objections with 12 the Court. The document should be captioned “Objections to Findings and Recommendations.” Plaintiff 13 is advised that failure to file objections within the specified time may result in the waiver of rights on 14 appeal. Wilkerson v. Wheeler, 772 F.2d F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 15 F.2d 1391, 1394 (9th Cir. 1991)). 16 17 IT IS SO ORDERED. 18 Dated: 19 November 20, 2018 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2