(PC) Brown v. Allison

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA EDWARD DON BROWN, No. 2:22-cv-1571 DAD AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS ALLISON, et al., 15 Defendants.

17 Plaintiff is a state prisoner proceeding without counsel in a civil rights action pursuant to 42 U.S.C. § 1983. On May 30, 2025, the court screened the first amended complaint and found that plaintiff’s allegations against defendant Dr. Young were sufficient to state a medical deliberate indifference claim. ECF No. 21 at 4-5. The court also found that plaintiff’s allegations against defendants Allison, Covello, and County of Ione did not state claims for relief, and that plaintiff failed to state any § 1983 claims against any defendant based on deliberate indifference regarding his pain medication or conditions of confinement, lost or stolen property, alleged HIPAA violations, or violations of California Government Code § 845.6. ECF No. 21 at 5-7, 12- 13. Plaintiff was given the options of amending the complaint or proceeding immediately on his cognizable Eighth Amendment medical deliberate indifference claim against defendant Dr. Young. Id. at 7, 12-13. He was further advised that if, within twenty-one days from the date of the order, he failed to notify the court how he wanted to proceed, the court would assume that he | was choosing to proceed on the complaint as screened and would recommend dismissal without || prejudice of plaintiff's Eighth Amendment deliberate indifference claims based on his pain | medication and conditions of confinement, HIPAA claim, and state law claims, as well as || defendants Allison, Covello, and County of Ione would be voluntarily dismissed without || prejudice pursuant to Federal Rule of Civil Procedure 41(a). Id. at 12-13. The time for plaintiff || to notify the court as to how he wishes to proceed has now passed, see id. at 12, and plaintiff has || not made an election or otherwise responded to the order.

8 Accordingly, IT IS HEREBY RECOMMENDED that for the reasons set forth in the May || 30, 2025, Screening Order (ECF No. 21 at 4-7, 12-13), plaintiff's Eighth Amendment deliberate || indifference claims based on his pain medication and conditions of confinement, HIPAA claim, | and state law claim, as well as defendants Allison, Covello, and County of Ione, be dismissed | without prejudice.

13 These findings and recommendations are submitted to the United States District Judge || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1).. Within twenty-one days | after being served with these findings and recommendations, plaintiff may file written objections || with the court. Such a document should be captioned “Objections to Magistrate Judges Findings || and Recommendations.” Plaintiff is advised that failure to file objections within the specified || time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 | (9th Cir. 1991).

20 | DATED: July 28, 2025 A/ 21 ALLISON CLAIRE 59 UNITED STATES MAGISTRATE JUDGE