(PC) Henderson v. Agame et al, No. 1:2020cv00635 - Document 16 (E.D. Cal. 2021)

Court Description: ORDER DIRECTING Clerk of the Court to Assign a District Judge; FINDINGS and RECOMMENDATIONS to Dismiss Claims and Defendant re 12 Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Jennifer L. Thurston on 3/9/2021. Referred to Unassigned DJ; Objections to F&R due within 14 days. (Rivera, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GARY DELMAR HENDERSON, 12 13 14 15 Plaintiff, v. G. AGAME, et al., Defendants. Case No. 1:20-cv-00635-JLT (PC) FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS AND DEFENDANT 14-DAY DEADLINE Clerk of the Court to Assign a District Judge 16 17 On February 6, 2021, the Court screened Plaintiff’s first amended complaint and found 18 that it states a cognizable claim against Defendant Agame for a violation of the First Amendment. 19 (Doc. 13.) The remaining claims were not cognizable. (Id.) The Court therefore directed Plaintiff 20 to file a second amended complaint curing the deficiencies in his pleading or to notify the Court 21 that he wishes to proceed only on the claim found cognizable. (Id.) 22 On March 8, 2021, Plaintiff filed a notice that he “wishes to proceed on only the First 23 Amendment claim” against Defendant Agame. (Doc. 14.) Accordingly, and for the reasons set 24 forth in the Court’s screening order (Doc. 13), the Court RECOMMENDS that: 25 1. Defendant Esmond DISMISSED; and, 26 2. The claims in Plaintiff’s complaint be DISMISSED, except for its First 27 28 Amendment claim against Defendant Agame. The Court DIRECTS the Clerk of the Court to assign a district judge to this action. 1 These Findings and Recommendations will be submitted to the United States District 2 Judge assigned to this case, pursuant to 28 U.S.C. § 636(b)(l). Within 14 days of the date of 3 service of these Findings and Recommendations, Plaintiff may file written objections with the 4 Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Failure to file objections within the specified time may result in waiver of 6 rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. 7 Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 8 9 10 IT IS SO ORDERED. Dated: March 9, 2021 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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