(PC) Howell v. Cruz, et al., No. 1:2019cv00782 - Document 11 (E.D. Cal. 2019)

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 7/18/2019. This case has been assigned to District Judge Dale A. Drozd and Magistrate Judge Stanley A. Boone. The new case number is 1:19-cv-00782-DAD-SAB (PC). Referred to Judge Drozd. Objections to F&R due within fourteen (14) days. (Jessen, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KAREEM J. HOWELL, 12 Plaintiff, 13 v. 14 K. CRUZ, et al., 15 Defendants. 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:19-cv-00782-SAB (PC) ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN A DISTRICT JUDGE TO THIS ACTION FINDINGS AND RECOMMENDATION RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS [ECF Nos. 7, 10] Plaintiff Kareem Howell is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On June 12, 2019, the undersigned screened Plaintiff’s complaint and found that Plaintiff 21 stated a cognizable retaliation claim against Defendants Cruz, Borona, Raishke, and Randolph, and a 22 cognizable excessive force claim against Defendant Raishke. The Court granted Plaintiff leave to file 23 an amended complaint or notify the Court of his intent to proceed only on the claims found to be 24 cognizable. 25 On July 17, 2019, Plaintiff filed a notice of intent to proceed on the claims found to be 26 cognizable and dismiss all other claims and Defendants. (ECF No. 10.) Accordingly, the Court will 27 recommend that this action proceed against Defendants Cruz, Borona, Raishke, and Randolph for 28 retaliation, and against Defendant Raishke for excessive force. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 1 1 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hebbe v. Pliler, 2 627 F.3d 338, 342 (9th Cir. 2010). 3 Based on the foregoing, it is HEREBY RECOMMENDED that: 4 1. This action proceed against Defendants Cruz, Borona, Raishke, and Randolph for retaliation, and against Defendant Raishke for excessive force; 5 2. 6 All other claims and Defendants be dismissed for failure to state a cognizable claim for relief; and 7 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 provisions of 28 U.S.C. § 636(b)(l). Within fourteen (14) days 11 after being served with these Findings and Recommendations, Plaintiff may file written objections 12 with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and 13 Recommendations.” Plaintiff is advised that failure to file objections within the specified time may 14 result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) 15 (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 16 17 IT IS SO ORDERED. 18 Dated: 19 July 18, 2019 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28 2

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