Quezada v. Cate et al

Filing 12

FINDINGS and RECOMMENDATIONS for Dismissal of Certain of Plaintiff's Claims and Defendants, signed by Magistrate Judge Michael J. Seng on 04/16/15. Referred to Judge Ishii. Fourteen-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALVARO QUEZADA,

CASE NO. 1:13-cv-00960-AWI-MJS

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Plaintiff,

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FINDINGS AND RECOMMENDATIONS
FOR DISMISSAL OF CERTAIN OF
PLAINTIFF’S CLAIMS AND DEFENDANTS

v.
MATTHEW CATES, et al.,
Defendants.

(ECF No. 1)
FOURTEEN (14) DAY OBJECTION
DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. (ECF Nos. 1 & 7.) No other parties

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have appeared in the action.

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On March 16, 2015, the Court screened Plaintiff’s Complaint and concluded that

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Plaintiff stated cognizable First Amendment free exercise of religion, Fourteenth

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Amendment equal protection, and RLUIPA claims against Defendant Smith, but no other

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claims or Defendants.

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amended complaint or notify the Court of his willingness to proceed only on his

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cognizable claims. On April 13, 2015, Plaintiff notified the Court of his willingness to

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forgo an amended complaint and proceed with his cognizable claims. (ECF No. 11.)

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(ECF No. 10.)

The Court ordered Plaintiff to either file an

Accordingly, all claims in Plaintiff’s Complaint except for his First Amendment free

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exercise of religion, Fourteenth Amendment equal protection, and RLUIPA claims
against Defendant Smith should now be dismissed.
The Court hereby RECOMMENDS the following:
1.

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Fourteenth Amendment equal protection, and RLUIPA claims against

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Plaintiff may proceed on his First Amendment free exercise of religion,

Defendant Smith; and
2.

All other claims and Defendants be DISMISSED from this action;

These Findings and Recommendations are submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within
fourteen (14) days after being served with these Findings and Recommendations, any
party may file written objections with the Court and serve a copy on all parties. Such a
document should be captioned “Objections to Magistrate Judge’s Findings and
Recommendations.”

Any reply to the objections shall be served and filed within

fourteen (14) days after service of the objections. The parties are advised that failure to
file objections within the specified time may result in the waiver of rights on appeal.
Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923
F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.

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Dated:

April 16, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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