Bejaran v. Adams et al

Filing 16

FINDINGS and RECOMMENDATIONS, signed by Magistrate Judge Sandra M. Snyder on 12/14/2009, Recommending that Plaintiff's Fourteenth Amendment Claim be Dismissed and Defendants Adams, Machenro, Rodriguez, Silva, Lopez-Espinoza, Briggs, Rangel, CDCR, and Corcoran State Prison de Dismissed re 1 . Matter referred to Judge Ishii. (Objections to F&R due by 1/19/2010) (Figueroa, O)

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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 November 10, 2009, the Court issued an order finding that Plaintiff's complaint states cognizable claims against Defendants Junious, Gomez and Berna for violation of the Eighth Amendment, but does not state a cognizable Fourteenth Amendment claim against the remaining defendants. On December 7, 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 Plaintiff's Fourteenth Amendment claim be dismissed and Defendants Adams, Machenro, Rodriguez, Silva, Lopez-Espinosa, Briggs, Rangel, CDCR and Corcoran State Prison be dismissed. These Findings and Recommendations will be submitted to the United States District Judge 1 v. DERRAL ADAMS, et al., Defendants. JESSE EDWARD BEJARAN, Plaintiff, FINDINGS AND RECOMMENDATIONS CASE NO. 1:09-cv-00478-AWI-YNP-SMS (PC) UNITED STATES DISTRICT COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: icido3 December 14, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 2

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