Carter v. Dawson et al

Filing 8

FINDINGS and RECOMMENDATIONS recommending that Defendants Weinstein, Karr, Ndoa and Bear be dismissed, and Plaintiff's claims against the appeal reviewers be dismissed re 1 . Motion referred to Judge Wanger, Objections to F&R due by 5/6/2009, signed by Magistrate Judge William M. Wunderlich on 4/3/09. (Gil-Garcia, A)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 / 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On January 30, 2009, the Court issued an order finding that Plaintiff's complaint states cognizable claims against Defendants Dawson and Mendoza-Powers, but does not state a cognizable claim against the remaining Defendants. The Court ordered Plaintiff to either file an amended complaint or notify the Court of his willingness to proceed only on the claims found to be cognizable. On February 20, 2009, Plaintiff notified the Court that he does not wish to amend and is willing to proceed on the claims found cognizable. Based on Plaintiff's notice, this Findings and Recommendations now issues. See Noll v. Carlson, 809 F. 2d 1446, 1448 (9th Cir. 1987) (prisoner must be given notice of deficiencies and opportunity to amend prior to dismissing for failure to state a claim). Accordingly, it is HEREBY RECOMMENDED that Defendants Weinstein, Karr, Ndoa and Bear be dismissed, and Plaintiff's claims against the appeal reviewers be dismissed. These Findings and Recommendations will be submitted to the United States District Judge 1 v. NICK DAWSON, et al., Defendants. LON CARTER, Plaintiff, FINDINGS AND RECOMMENDATIONS CASE NO. 1:07-cv-01325-OWW-WMW PC

UNITED STATES DISTRICT COURT

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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days after being served with these Findings and Recommendations, plaintiff may file written objections with the Court. The document should be captioned "Objections to Magistrate Judge's 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. Ylst, 951 F.2d 1153 (9th Cir. 1991).

IT IS SO ORDERED. Dated: April 3, 2009 mmkd34 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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