Rios
(PC) Atkins v. Rios
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MCKINLEY PIERCE ATKINS, Case No. 1:20-cv-00193-NONE-JLT (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS
TO DISMISS CLAIMS AND DEFENDANT
v. 14-DAY DEADLINE E. ROCHA, et al., Defendants. 16 On June 10, 2021, the Court screened Plaintiff’s first amended complaint and found that it states cognizable claims of deliberate indifference to serious medical needs against Defendants Rios and De Lussa, but that its remaining claims are not cognizable. (Doc. 24.) The Court therefore directed Plaintiff to file a second amended complaint curing the deficiencies in his pleading or to notify the Court that he wishes to proceed only on the claims found cognizable. (Id. at 8.) On July 1, 2021, Plaintiff filed a notice that he “wish[es] to proceed only on the deliberate indifference claims against Rios & De Lussa, dismiss the remaining claims, and dismiss Defendant Rocha.” (Doc. 25.) Accordingly, and for the reasons set forth in the Court’s screening order (Doc.…