Reed v. Vera et al
Filing
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FINDINGS and RECOMMENDATIONS, Recommending that All Claims and Defendants Be Dismissed, Except for Plaintiff's Claim Against Defendant Madsen for Violating the Americans With Disabilities Act 1 & 14 , signed by Magistrate Judge Erica P. Grosjean on 9/12/2018: 14-Day Deadline. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MYCHAL REED,
Plaintiff,
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v.
P. VERA, et al.,
Defendants.
Case No. 1:18-cv-00297-AWI-EPG (PC)
FINDINGS AND RECOMMENDATIONS,
RECOMMENDING THAT ALL CLAIMS
AND DEFENDANTS BE DISMISSED,
EXCEPT FOR PLAINTIFF’S CLAIM
AGAINST DEFENDANT MADSEN FOR
VIOLATING THE AMERICANS WITH
DISABILITIES ACT
(ECF NOS. 1 & 14)
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OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN DAYS
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Mychal Reed (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. § 1983.
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Plaintiff filed the complaint commencing this action on February 27, 2018. (ECF No.
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1). The Court screened Plaintiff’s complaint. (ECF No. 14). The Court found that Plaintiff’s
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complaint stated “a non-frivolous claim against Defendant Madsen for violating the Americans
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with Disabilities Act.” (Id. at 9). The Court also found that Plaintiff failed to state any other
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cognizable claims. (Id).
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The Court allowed Plaintiff to choose between proceeding only on the claim found
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cognizable by the Court in the screening order, amending the complaint, or standing on the
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complaint subject to the Court issuing findings and recommendations to a district judge
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consistent with the screening order. (Id.). On September 10, 2018, Plaintiff notified the Court
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that he wishes to proceed only on his claim against Defendant Madsen for violating the
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Americans with Disabilities Act. (ECF No. 15).
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Accordingly, for the reasons set forth in the Court’s screening order that was entered on
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August 27, 2018 (ECF No. 14), and because Plaintiff has notified the Court that he is willing to
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proceed only his claim against Defendant Madsen for violating the Americans with Disabilities
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Act (ECF No. 15), it is HEREBY RECOMMENDED that all claims and defendants be
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dismissed, except for Plaintiff’s claim against Defendant Madsen for violating the Americans
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with Disabilities Act.
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These findings and recommendations are submitted to the United States district judge
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assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen
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(14) days after being served with these findings and recommendations, Plaintiff may file
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written objections with the Court.
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Magistrate Judge=s Findings and Recommendations.” Plaintiff is advised that failure to file
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objections within the specified time may result in the waiver of rights on appeal. Wilkerson v.
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Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394
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(9th Cir. 1991)).
The document should be captioned “Objections to
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IT IS SO ORDERED.
Dated:
September 12, 2018
/s/
UNITED STATES MAGISTRATE JUDGE
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