(PC)Thomas et al v. Shirley et al, No. 1:2023cv00470 - Document 20 (E.D. Cal. 2023)

Court Description: ORDER ADOPTING 17 Findings and Recommendations Regarding Dismissal of Certain Claims and Defendants signed by District Judge Jennifer L. Thurston on 12/21/2023. J. Cronjager (Head of Health and Safety) and Heather Shirley (Warden) terminated. (Xiong, J.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICKY L. THOMAS, Plaintiff, 12 13 v. 14 SHIRLEY, et al., No. 1:23-cv-0470 JLT BAM (PC) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS (Doc. 17) 15 Defendants. 16 17 Ricky L. Thomas is a state prisoner proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983. The assigned magistrate judge screened the 19 allegations of Plaintiff’s First Amended Complaint pursuant to 28 U.S.C. § 1915A(a), and found 20 Plaintiff stated a cognizable claim against Defendant Degough for deliberate indifference in 21 violation of the Eighth Amendment. However, Plaintiff failed to state any other cognizable 22 claims for relief against any other defendants. (Doc. 13.) The Court ordered Plaintiff to file a 23 second amended complaint or to notify the Court of his willingness to proceed only on the 24 cognizable claim identified by the Court. (Id.) 25 After Plaintiff notified the Court that he did not wish to amend the complaint (Doc. 14), 26 the magistrate judge reiterated the prior findings that Plaintiff stated a cognizable claim against 27 Degough and that no other claim was cognizable. (Doc. 17 at 2-7.) Therefore, the magistrate 28 judge recommended the action proceed only on the claim against Degough and all other claims 1 1 and defendants be dismissed based upon Plaintiff’s failure to state claims upon which relief may 2 be granted. (Id. at 8.) 3 The Court served the Findings and Recommendations on Plaintiff and notified him that 4 any objections were to be filed within 14 days after service. (Doc. 17 at 8.) Despite granting 5 Plaintiff a 30-day extension of time to file any objections (Doc. 19), he did not do so. 6 According to 28 U.S.C. § 636(b)(1)(C), this Court performed a de novo review of this 7 case. Having carefully reviewed the entire matter, the Court concludes the Findings and 8 Recommendations are supported by the record and by proper analysis. Thus, the Court ORDERS: 9 1. 10 11 The Findings and Recommendations issued on October 10, 2023 (Doc. 17) are ADOPTED in full. 2. This action SHALL proceed only on Plaintiff’s claim against Defendant Degough 12 for deliberate indifference to conditions of confinement in violation of the Eighth 13 Amendment, as stated in the First Amended Complaint filed April 25, 2023. 14 3. All other claims and defendants are DISMISSED from the action. 15 4. The Clerk of Court is directed to update the docket and terminate Heather Shirley 16 17 and J. Cronjager as defendants. 5. This action is referred to the magistrate judge for further proceedings. 18 19 20 IT IS SO ORDERED. Dated: December 21, 2023 21 22 23 24 25 26 27 28 2

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