Darden v. Spencer et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gary S. Austin on 5/16/2015 recommending that Defendants Tood Spencer and Donald Blackford be dismissed. Referred to Judge Lawrence J. O'Neill; Objections to F&R due by 6/10/2015. (Lundstrom, T)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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1:12-cv-01001 LJO GSA PC
GERALDINE DARDEN,
FINDINGS AND RECOMMENDATION
THAT DEFENDANTS SPENCER AND
BLACKFORD BE DISMISSED FROM THIS
ACTION
vs.
S. DRISCOLL, et al.,
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Defendants.
OBJECTIONS DUE IN TWENTY DAYS
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I.
Screening Requirement
Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42
U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28
U.S.C. § 636(b)(1)(B) and Local Rule 302.
By order filed April 9, 2015, the Court issued an order finding that the first amended
complaint stated a claim against Defendant Driscoll for deliberate indifference to her serious
medical needs, but failed to state a claim against Defendants Blackford and Spencer. Plaintiff
was provided an opportunity to either file a second amended complaint or notify the Court of
her willingness to proceed on the claims found by the Court to be cognizable. On May 13,
2015, Plaintiff filed a notice, indicating that she intends to proceed against Dr. Driscoll and that
she “agrees to remove Todd Spencer, M.D. and Donald Blackford, M.D. from this complaint.”
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Accordingly, IT IS HEREBY RECOMMENDED that Defendants Todd Spencer and
Donald Blackford be dismissed.
These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B). Within twenty
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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. Such a document should be captioned “Objections to Magistrate
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Judge’s Findings and Recommendations.” The parties are advised that failure to file objections
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within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler,
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772 F.3d 834 (9th Cir. 2014)(citing Baxter v. Sullivan, 923 F.2d 1394(9th Cir. 1991)).
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IT IS SO ORDERED.
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Dated:
May 16, 2015
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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