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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ALLEN,

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CASE No. 1:15-cv-01609-DAD-MJS (PC)
Plaintiff,

v.
NORM KRAMER, et al.,

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Defendants.

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FINDINGS AND RECOMMENATIONS TO
DISMISS NON-COGNIZABLE CLAIMS
WITH PREJUDICE
(ECF NO. 1)
FOURTEEN-DAY OBJECTION
DEADLINE

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in a civil rights
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action pursuant to 42 U.S.C. § 1983.
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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

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reconsideration, the undersigned found cognizable a safe conditions claim against
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Defendants Mayberg, the Fresno County Board of Supervisors, Kramer, and Ahlin.
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However, the Court concluded that all other claims and Defendants were subject to
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dismissal.
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Plaintiff was informed that he could proceed on his complaint as screened on
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reconsideration or file an amended complaint. Plaintiff has now submitted his notice of
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intent to proceed only on the cognizable claims.
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Accordingly, IT IS HEREBY RECOMMENDED that:
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1. Plaintiff proceed on his safe conditions claim against Defendants Mayberg,

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Kramer, Ahlin and the Fresno County Board of Supervisors, and

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2. All other claims and Defendants be dismissed with prejudice.

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The findings and recommendations will be submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1).

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Within fourteen (14) days after being served with the findings and recommendations, the

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parties may file written objections with the Court. The document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” A party may

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respond to another party’s objections by filing a response within fourteen (14) days after

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being served with a copy of that party’s objections. The parties are advised that failure to

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file objections within the specified time may result in the waiver of rights on appeal.

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Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923

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

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IT IS SO ORDERED.
Dated:

September 22, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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