From Casetext: Smarter Legal Research

Michelle v. Cal. Dep't of Corr. & Rehab.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Feb 13, 2020
Case No. 1:18-cv-01743-NONE-JLT (PC) (E.D. Cal. Feb. 13, 2020)

Opinion

Case No. 1:18-cv-01743-NONE-JLT (PC)

02-13-2020

MICHELLE (a/k/a MYCHAL) CONCEPCION, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendants.


FINDINGS AND RECOMMENDATIONS TO DISMISS CLAIMS NOT FOUND COGNIZABLE

14-DAY DEADLINE

The Court screened Plaintiff's first amended complaint (Doc. 15) pursuant to 28 U.S.C. section 1915A and found that it states cognizable claims under the Eighth and Fourteenth amendments and the Affordable Care Act, but it improperly names J.C. Kelso and J. Carrick as defendants in their official capacities. (Doc. 16.) The Court therefore directed Plaintiff to file a second amended complaint curing the deficiencies identified in its order or notify the Court that he wishes to proceed only the claims found cognizable. (Id.)

In response to the Court's screening order, Plaintiff filed a notice that he "wishes to proceed only on his claims against CDCR, CCHCS, Diaz in his official capacity, and the Doe defendants and to dismiss Kelso and Carrick as defendants." (Doc. 18.) For this reason, and for the reasons set forth in the Court's screening order (Doc. 16), the Court RECOMMENDS that J.C. Kelso and J. Carrick be DISMISSED as defendants.

These Findings and Recommendations will be submitted to a United States District Judge, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 14 days of the date of service of these Findings and Recommendations, Plaintiff may file written objections with the Court. The document should be captioned, "Objections to Magistrate Judge's Findings and Recommendations." Failure to file objections within the specified time may result in waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). IT IS SO ORDERED.

Dated: February 13 , 2020

/s/ Jennifer L. Thurston

UNITED STATES MAGISTRATE JUDGE


Summaries of

Michelle v. Cal. Dep't of Corr. & Rehab.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Feb 13, 2020
Case No. 1:18-cv-01743-NONE-JLT (PC) (E.D. Cal. Feb. 13, 2020)
Case details for

Michelle v. Cal. Dep't of Corr. & Rehab.

Case Details

Full title:MICHELLE (a/k/a MYCHAL) CONCEPCION, Plaintiff, v. CALIFORNIA DEPARTMENT OF…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Feb 13, 2020

Citations

Case No. 1:18-cv-01743-NONE-JLT (PC) (E.D. Cal. Feb. 13, 2020)