Green v. Sherman, et al.

Filing 17

FINDINGS and RECOMMENDATIONS (1) For Service of Cognizable Claims Against Defendants Franklin and Ramos; And (2) To Dismiss All Other Claims and Defendants With Prejudice, signed by Magistrate Judge Michael J. Seng on 12/23/16. Objections to F&R Due Within Fourteen Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CEDRIC EUGENE GREEN,

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Plaintiff

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CASE NO. 1:15-cv-1548-LJO-MJS (PC)
FINDINGS AND RECOMMENDATIONS
(1) FOR SERVICE OF COGNIZABLE
CLAIMS AGAINST DEFENDANTS
FRANKLIN AND RAMOS; AND

v.

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FRANKLIN, et al.,

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(2) TO DISMISS ALL OTHER CLAIMS
AND DEFENDANTS WITH
PREJUDICE

Defendants.

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FOURTEEN-DAY 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 filed pursuant to 42 U.S.C. § 1983. On August 31, 2016, Plaintiff’s complaint

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was screened and found to state a cognizable First Amendment claim against

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Defendants Franklin and Ramos.1 (ECF No. 11.) Plaintiff was directed to file an amended

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complaint or a notice of his willingness to proceed with the cognizable claims and dismiss

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all other claims and Defendants. Plaintiff has now filed a notice of his willingness to

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proceed on the complaint as screened. (ECF No. 15.)
Accordingly, IT IS HEREBY RECOMMENDED that:

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This case was reassigned to the undersigned on September 8, 2016.

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and Ramos;

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All other claims asserted in the complaint and all other named Defendants
be dismissed with prejudice;

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Plaintiff proceed on his First Amendment claim against Defendants Franklin

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Service be initiated on the following Defendants:

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FRANKLIN – Mailroom Employee,

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RAMOS – Appeals Coordinator;

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summons, a Notice of Submission of Documents form, an instruction sheet

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and a copy of the complaint filed October 13, 2015;

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The Clerk of the Court should send Plaintiff two (2) USM-285 forms, two (2)

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Within thirty (30) days from the date of adoption of these findings and

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recommendations, Plaintiff should complete and return to the Court the

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notice of submission of documents along with the following documents:

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a.

Completed summons,

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b.

One completed USM-285 form for each Defendant listed above,

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c.

Three (3) copies of the endorsed complaint filed October 13, 2015;

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and

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5.

Upon receipt of the above-described documents, the Court should direct the

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United States Marshal to serve the above-named Defendants pursuant to

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Federal Rule of Civil Procedure 4 without payment of costs.

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These findings and recommendations will be submitted to the United States

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District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. §

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636(b)(1). Within fourteen (14) days after being served with the findings and

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recommendations, the parties may file written objections with the Court. The document

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should be captioned “Objections to Magistrate Judge’s Findings and Recommendation.”

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A party may respond to another party’s objections by filing a response within fourteen

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(14) days after being served with a copy of that party’s objections. The parties are

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advised that failure to file objections within the specified time may result in the waiver of
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rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter

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v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).

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IT IS SO ORDERED.
Dated:

December 23, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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