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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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11 DENELL CAVER, No. 1:25-cv-01069-SAB (PC)
12 Plaintiff, ORDER DIRECTING CLERK OF COURT TO
RANDOMLY ASSIGN A DISTRICT JUDGE
13 v. TO THIS ACTION
14 JEFF MACOMBER, et al., FINDINGS AND RECOMMENDATION
RECOMMENDING DISMISSAL OF
15 Defendants. CERTAIN CLAIMS AND DEFENDANTS
16 (ECF No. 10)
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Plaintiff is proceeding pro se and in forma pauperis in this action filed pursuant to 42
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U.S.C. § 1983.
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On April 6, 2026, the Court screened Plaintiff’s complaint and found that Plaintiff stated a
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cognizable retaliation claim against Defendants Kimberly Miscia, Wendy Weiss, and Paula
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Michelini. (ECF No. 9.) No other claims were found to be cognizable, and Plaintiff was granted
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thirty days to either file an amended complaint or notify the Court of his intent to proceed only on
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the retaliation claim. (Id.)
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On April 17, 2026, Plaintiff filed a notice of intent to proceed only on the retaliation
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claim. (ECF No. 10.)
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Accordingly, it is HEREBY ORDERED that the Clerk of the Court shall assign a District
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Judge to this action.
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1 Further, it is HEREBY RECOMMENDED that:
2 1. This action proceed only on Plaintiff's retaliation claim against Defendants
3 Kimberly Miscia, Wendy Weiss, and Paula Michelini; and
4 2. All other claims and Defendants be dismissed from the action for failure to state a
5 cognizable claim for relief.
6 These Findings and Recommendations will be submitted to the United States District Judge
7 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14)
8 days after being served with these Findings and Recommendations, Plaintiff may file written
9 objections with the Court, limited to 15 pages, including exhibits. The document should be
10 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiffis advised
11 that failure to file objections within the specified time may result in the waiver of rights on appeal.
12 Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d
13 1391, 1394 (9th Cir. 1991)).
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16 IT IS SO ORDERED. tf (Sc
17 | Dated: _April 20, 2026 _ ee
STANLEY A. BOONE
18 United States Magistrate Judge
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