Green v. Sherman, et al.
Filing
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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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4.
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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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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