Allen v. Kramer et al

Filing 12

FINDINGS and RECOMMENDATIONS to Dismiss Non-Cognizable Claims with Prejudice, signed by Magistrate Judge Michael J. Seng on 9/22/16. Referred to Judge Drozd; 14-Day Deadline. (Verduzco, M)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DAVID ALLEN, 11 12 13 CASE No. 1:15-cv-01609-DAD-MJS (PC) Plaintiff, v. NORM KRAMER, et al., 14 Defendants. 15 FINDINGS AND RECOMMENATIONS TO DISMISS NON-COGNIZABLE CLAIMS WITH PREJUDICE (ECF NO. 1) FOURTEEN-DAY OBJECTION DEADLINE 16 Plaintiff is a civil detainee proceeding pro se and in forma pauperis in a civil rights 17 action pursuant to 42 U.S.C. § 1983. 18 19 On March 28, 2016, the undersigned screened Plaintiff’s complaint and dismissed it with leave to amend for failure to state a claim. On grant of Plaintiff’s motion for 20 reconsideration, the undersigned found cognizable a safe conditions claim against 21 Defendants Mayberg, the Fresno County Board of Supervisors, Kramer, and Ahlin. 22 However, the Court concluded that all other claims and Defendants were subject to 23 dismissal. 24 Plaintiff was informed that he could proceed on his complaint as screened on 25 reconsideration or file an amended complaint. Plaintiff has now submitted his notice of 26 intent to proceed only on the cognizable claims. 27 Accordingly, IT IS HEREBY RECOMMENDED that: 28 1 1. Plaintiff proceed on his safe conditions claim against Defendants Mayberg, 2 Kramer, Ahlin and the Fresno County Board of Supervisors, and 3 2. All other claims and Defendants be dismissed with prejudice. 4 The findings and recommendations will be submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). 6 Within fourteen (14) days after being served with the findings and recommendations, the 7 parties may file written objections with the Court. The document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” A party may 9 respond to another party’s objections by filing a response within fourteen (14) days after 10 being served with a copy of that party’s objections. The parties are advised that failure to 11 file objections within the specified time may result in the waiver of rights on appeal. 12 Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 13 F.2d 1391, 1394 (9th Cir. 1991)). 14 15 16 IT IS SO ORDERED. Dated: September 22, 2016 /s/ 17 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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