(PC) Anderson v. Solano County

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN MACK ANDERSON, No. 2:23-cv-3002 CKD P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SOLANO COUNTY, et al., 15 Defendants. 16 17 Plaintiff is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 18 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 19 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On September 3, 2024, the court screened plaintiff’s complaint as the court is required to 21 do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed on the following 22 claims: 23 1. A claim for excessive use of force arising under the Fourteenth Amendment against 24 defendant Sgt. Kamman with respect to an incident occurring November 15, 2023. ECF No. 1 at 25 3. 26 2. A claim for denial of adequate medical care against defendants Solano County and 27 Wellpath Medical arising under the Fourteenth Amendment and Monell v. Dep’t of Social 28 ///// 1 Services, 436 U.S. 585 at 691, 694 (1978) based upon their policies with respect to providing 2 intravenous treatments to inmates. 3 3. A claim arising under the Fourteenth Amendment against defendant Dr. Wong for 4 denial of adequate medication. ECF No. 1 at 5. 5 The court gave plaintiff two options: (1) proceed on the claims identified above; or (2) 6 request an extension of time to file an amended complaint. The court gave plaintiff 21 days to 7 make a choice. Plaintiff was also informed that failure to make a choice within 21 days would 8 result in this action proceeding on the claims described above and consent to dismiss all other 9 claims. Plaintiff did not make an election within the specified time period. 10 Accordingly, it is HEREBY ORDERED that: 11 1. Service is appropriate for: 12 A. Solano County 13 B. Wellpath Medical 14 C. Sgt. B. Kamman 15 D. Dr. Matthew Wong 16 2. The Clerk of the Court shall send plaintiff 4 USM-285 forms, one summons, an 17 instruction sheet and a copy of the complaint. 18 3. Within thirty days from the date of this order, plaintiff shall complete the attached 19 Notice of Submission of Documents and submit the following documents to the court: 20 a. The completed Notice of Submission of Documents; 21 b. One completed summons; 22 c. One completed USM-285 form for each defendant listed in number 1 above; 23 and 24 d. Five copies of the complaint. 25 4. Plaintiff need not attempt service on defendants and need not request waiver of service. 26 Upon receipt of the above-described documents, the court will direct the United States Marshal to 27 serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment 28 of costs. 1 5. This action proceeds on the following claims: 2 A. A claim for excessive use of force arising under the Fourteenth Amendment 3 against defendant Sgt. Kamman with respect to an incident occurring November 4 15, 2023. ECF No. 1 at 3. 5 B. A claim for denial of adequate medical care against defendants Solano County 6 and Wellpath Medical arising under the Fourteenth Amendment and Monell v. 7 Dep’t of Social Services, 436 U.S. 585 at 691, 694 (1978) based upon their 8 policies with respect to providing intravenous treatments to inmates. 9 C. A claim arising under the Fourteenth Amendment against defendant Dr. Wong 10 for denial of adequate medication. ECF No. 1 at 5. 11 6. The Clerk of Court is directed to randomly assign this matter to a district judge. 12 IT IS FURTHER RECOMMENDED that all other claims and defendants be dismissed 13 || without further leave to amend. 14 These findings and recommendations are submitted to the United States District Judge 15 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 16 || after being served with these findings and recommendations, any party may file written 17 || objections with the court and serve a copy on all parties. Such a document should be captioned 18 || “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 19 || objections shall be served and filed within fourteen days after service of the objections. The 20 || parties are advised that failure to file objections within the specified time may waive the right to 21 || appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 1991). 22 | Dated: October 8, 2024 / □□ I / dle ae 8 CAROLYNK. DELANEY 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 28

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN MACK ANDERSON, No. 2:23-cv-3002 CKD P 12 Plaintiff, 13 v. NOTICE OF SUBMISSION 14 SOLANO COUNTY, et al., OF DOCUMENTS 15 Defendants. 16 17 Plaintiff submits the following documents in compliance with the court's order filed 18 _____________________: 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Complaint 22

23 DATED:

24 25 ____________________ Plaintiff 26 27