-KJN (PC) Armstrong v. Garcia, et al, No. 2:2011cv00965 - Document 23 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/8/2011 RECOMMENDING that the retaliation claims against defendants Gillette, Barton, Callison, Roche, Rohlfing, Mangis and Davey based on their alleged denial of plaintiff's request for a wheelchair be dismissed; the claims against defendants Garcia, Chandler, Young, Turner, Brewer, McCue, Fernandez and Chan be dismissed. Referred to Judge Garland E. Burrell, Jr.; Objections due within 21 days. (Yin, K)

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-KJN (PC) Armstrong v. Garcia, et al Doc. 23 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRADY K. ARMSTRONG, 11 12 13 14 Plaintiff, vs. SILVIA GARCIA, et al., Defendants. 15 16 No. 2: 11-cv-0965 GEB KJN P FINDINGS & RECOMMENDATIONS / Plaintiff is a state prisoner proceeding without counsel with a civil rights action 17 pursuant to 42 U.S.C. § 1983. The undersigned has separately issued an order screening 18 plaintiff’s amended complaint filed October 19, 2011. In this order, the undersigned found 19 cognizable the Eighth Amendment claims against defendants Gillette, Barton, Callison, Dial, 20 Roche, Rohfling, Davey, Mangis, Leo and James. The undersigned also found cognizable the 21 retaliation claim against defendant Gillette based on her alleged failure to treat plaintiff for a 22 stroke on April 26, 2004. 23 In this separate order, the undersigned found that plaintiff had not stated colorable 24 retaliation claims against defendants Gillette, Barton, Callison, Roche, Rohlfing, Mangis and 25 Davey based on their alleged denial of plaintiff’s request for a wheelchair. The undersigned also 26 found that plaintiff’s claims against defendants Garcia, Chandler, Young, Turner, Brewer, 1 Dockets.Justia.com 1 McCue, Fernandez and Chan should be dismissed because they were unrelated to those claims 2 found cognizable. For the reasons stated in that order, the undersigned now recommends 3 dismissal of these claims. 4 Accordingly, IT IS HEREBY RECOMMENDED that the retaliation claims 5 against defendants Gillette, Barton, Callison, Roche, Rohlfing, Mangis and Davey based on their 6 alleged denial of plaintiff’s request for a wheelchair be dismissed; the claims against defendants 7 Garcia, Chandler, Young, Turner, Brewer, McCue, Fernandez and Chan be dismissed. 8 These findings and recommendations are submitted to the United States District 9 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 10 one days after being served with these findings and recommendations, plaintiff may file written 11 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 12 Findings and Recommendations.” Any response to the objections shall be filed and served 13 within fourteen days after service to the objections. Plaintiff is advised that failure to file 14 objections within the specified time may waive the right to appeal the District Court’s order. 15 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 DATED: November 8, 2011 17 18 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 19 20 arm965.56 21 22 23 24 25 26 2

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