Opinion
2:22-CV-1831-DJC-DMC-P
04-04-2023
DAVID ROBERTS, Plaintiff, v. CSP - SACRAMENTO, et al., Defendants.
FINDINGS AND RECOMMENDATIONS
DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE
Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff's complaint, ECF No. 1.
On November 21, 2022, the Court issued an order addressing the sufficiency of Plaintiff's complaint as required under the Prison Litigation Reform Act. See ECF No. 10. The Court summarized Plaintiff's allegations as follows:
Plaintiff names the following as defendants: (1) California State Prison - Sacramento; (2) Sgt. Caruso; and (3) Correctional Officer Acuna. See ECF No. 1, pg. 2. In his first claim for relief, Plaintiff alleges that Defendants Caruso used excessive force on September 13, 2022, while Defendant Acuna watched and did nothing. See id. at 3. In his second claim for relief, Plaintiff contends that unnamed staff denied him medical care. See id. at 4.
ECF No. 16, pg. 2.
The Court determined that Plaintiff states cognizable Eighth Amendment excessive force claims against Defendants Caruso and Acuna. See id. The Court, however, determined that Plaintiff's Eighth Amendment medical care claims against unnamed individuals are not cognizable, and that Defendant California State Prison - Sacramento is immune from suit under the Eleventh Amendment. See id. at 2-5. Plaintiff was provided an opportunity to file a first amended complaint addressing the defects identified in the Court's screening order and advised that, if he failed to do so within the time provided, the defective claims/defendants would be subject to dismissal. The time provided to file an amended complaint has passed and Plaintiff has not done so. The Court, therefor, recommends dismissal of Plaintiff's Eighth Amendment medical care claim as well as Defendant California State Prison - Sacramento for the reasons outlined in the screening order. By separate order issued herewith, the Court directs service of process on Defendants Caruso and Acuna.
Based on the foregoing, the undersigned recommends that:
1. This action proceed on Plaintiff's original complaint as to his Eighth Amendment excessive force claims against Defendants Acuna and Caruso;
2. Plaintiff's Eighth Amendment medical care claims be dismissed; and
3. California State Prison - Sacramento be dismissed as a defendant to this action
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within 14 days after being served with these findings and recommendations, any party may file written objections with the Court. Responses to objections shall be filed within 14 days after service of objections. Failure to file objections within the specified time may waive the right to appeal. See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).