(PC)Somerville

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICHARD MICHAEL SOMERVILLE, Case No. 1:21-cv-01695-CDB (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS DEFENDANT

v.

(Doc. 1) B. BETANCOURT, et al., Defendants.

FOURTEEN (14) DAY DEADLINE

Clerk of the Court to Assign District Judge 18 Plaintiff Richard Michael Somerville is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed under 42 U.S.C. § 1983. The Court screened the complaint and found that it states a cognizable Eighth Amendment failure to protect claim against Defendants Betancourt, Marquez, and Rios, Correctional Officers (“COs”) employed at Substance Abuse Treatment Facility (“SATF”)–Corcoran. (Doc. 12.) However, the Court found that the allegations did not state a claim against the Warden of SATF. (Id.) In response to the screening order, Plaintiff elected to proceed on complaint as screened and agrees with dismissal of the Warden because he has no…