(PC) Concepcion v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHELLE (a/k/a MYCHAL) Case No. 1:18-cv-01743-NONE-JLT (PC)

CONCEPCION,

FINDINGS AND RECOMMENDATIONS Plaintiff, TO DISMISS CLAIMS NOT FOUND

COGNIZABLE

v.

CALIFORNIA DEPARTMENT OF 14-DAY DEADLINE

CORRECTIONS AND

REHABILITATION,

16 Defendants. 17 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…