CDCR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN STEELE, Case No. 1:19-cv-00471-AWI-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS OFFICIAL-CAPACITY

v. CLAIMS

CDCR, et al., 14-DAY DEADLINE Defendants. 16 On April 27, 2021, the Court screened Plaintiff’s first amended complaint and found that it states cognizable claims of deliberate indifference to safety against Defendants Gutierrez and Herrera in their individual capacities, but that its official-capacity claims are not cognizable. (Doc. 23.) The Court therefore directed Plaintiff to file a second amended complaint curing the deficiencies in his pleading or a notice that he wishes to proceed only on the claims found cognizable. (Id. at 7.) On July 26, 2021, Plaintiff filed a notice that he “wishes to proceed only on the claims found cognizable.”1 (Doc. 27.) Accordingly, and for the reasons set forth in the Court’s screening order (Doc. 23), the Court RECOMMENDS that…