Barrett v. Cate et al
Filing
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FINDINGS and RECOMMENDATIONS recommending that all claims as to Defendant McGinnis be DISMISSED and Defendant McGinnis is terminated from this action; re 17 Amended Prisoner Civil Rights Complaint filed by Robert E Barrett; referred to Judge O'Neill,signed by Magistrate Judge Jennifer L. Thurston on 10/05/2011. Objections to F&R due by 10/24/2011 (Martin-Gill, S)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROBERT E. BARRETT,
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Case No. 1:09-cv-01741 LJO JLT (PC)
Plaintiff,
FINDINGS AND RECOMMENDATION
DISMISSING PLAINTIFF’S CLAIMS AS
TO DEFENDANT MCGINNIS
vs.
MATTHEW CATE, et al.,
Defendants.
/
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On September 23, 2011 the Court ordered Plaintiff to show cause why Defendant McGinnis
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should not be dismissed from the action. (Doc. 42). As noted in the Court’s order, Defendant McGinnis
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was unserved, had not been located, and it appeared that Plaintiff had misidentified this defendant. Id.
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On October 3, 2011 Plaintiff responded to the Court’s order and indicated that he had erroneously named
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Defendant McGinnis in his complaint and that any “allegations made against “McGinnis” [were] to be
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construed as allegations against Defendant McGuinness.” (Doc. 43).
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Accordingly, it is HEREBY RECOMMENDED that all claims as to Defendant McGinnis be
DISMISSED and Defendant McGinnis is terminated from this action.
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These findings and recommendations are submitted to the United States District Judge assigned
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to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). Within fourteen (14) days after
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being served with these findings and recommendations, any party may file written objections with the
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Court and serve a copy on all parties. Such a document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” Any reply to the objections shall be served and filed within
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seven (7) days after service of the objections. The parties are forewarned that the Court does not
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anticipate granting extensions of time for this purpose. In addition, the parties are advised that failure
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to file objections within the specified time may waive the right to appeal the District Court’s order. See
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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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IT IS SO ORDERED.
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Dated: October 5, 2011
9j7khi
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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