Sherman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EDWARD B. SPENCER, Case No.: 1:21-cv-01551-JLT-CDB Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS

v. CERTAIN CLAIMS AND DEFENDANT

SHERMAN

STUART SHERMAN, et al., (Doc. 20) Defendants.

16 Edward Spencer seeks to hold the defendants liable for violations of his Eighth Amendment rights while incarcerated at the California Substance Abuse Treatment Facility. (See generally Doc. 16.) The assigned magistrate judge screened Plaintiff’s amended complaint pursuant to 28 U.S.C. § 1915A(a) and found Plaintiff stated a cognizable claim for failure to protect against Defendant Lopez. (Doc. 17 at 4-10.) However, the magistrate judge determined that Plaintiff failed to state a cognizable claim against Defendant Sherman, the warden at SATF. (Id. at 8-9.) In response to the Screening Order, Plaintiff indicated his willingness to proceed only on the cognizable claim. (Doc. 18.) Following receipt of the notice…