Palmer v. Woodford et al

Filing 72

FINDINGS and RECOMMENDATIONS Recommending Dismissing Certain 18 Claims and Defendants signed by Magistrate Judge Sandra M. Snyder on 10/11/2011. Referred to Judge O'Neill; Objections to F&R due by 11/17/2011. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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WILL MOSES PALMER, III,

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CASE NO. 1:06-cv-00512-LJO-SMS PC

Plaintiff,

FINDINGS AND RECOMMENDATIONS
RECOMMENDING DISMISSING CERTAIN
CLAIMS AND DEFENDANTS

v.
JEANNE WOODFORD, et al.,

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(ECF Nos. 64, 65, 68)

Defendants.

OBJECTIONS DUE WITHIN THIRTY DAYS

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Plaintiff Will Moses, Palmer, III (“Plaintiff”) is a state prisoner proceeding pro se in this civil

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rights action pursuant to 42 U.S.C. § 1983. On August 5, 2011, an order issued granting Plaintiff’s

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motion for reconsideration of the order finding Plaintiff was subject to 28 U.S.C. § 1915(g) and

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dismissing the action. (ECF No. 65.) This action was reinstated, the first amended complaint was

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rescreened and Plaintiff was directed to file an amended complaint or notify the Court which of the

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claims found to be cognizable he wished to proceed on in this action. On September 21, 2011,

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Plaintiff filed a response informing the Court that he wishes to proceed on the retaliation and denial

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of access to the court claim. (ECF No. 68.)

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Based upon the findings in the order filed August 22, 2011, and Plaintiff’s notice, filed
September 21, 2011, it is HEREBY RECOMMENDED that:
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This action shall proceed on the first amended complaint, filed August 29, 2007,

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against Defendants Jordnt and Bardonnex for retaliation and denial of access to the

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court in violation of the First Amendment for damages;
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Defendants Jordnt and Bardonnex be ordered to file a responsive pleading within
thirty days;

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All remaining claims and Defendants be dismissed from this action, without
prejudice; and

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Defendant Tarter’s motion to dismiss, filed October 8, 2009, be DENIED as moot.

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These findings and recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30)

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days after being served with these findings and recommendations, Plaintiff may file written

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objections with the Court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d

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1153 (9th Cir. 1991).

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IT IS SO ORDERED.

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Dated:
icido3

October 11, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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