Riches v. Kaczynski

Filing 3

FINDINGS and RECOMMENDATIONS signed by Judge Kimberly J. Mueller on 10/09/07 RECOMMENDING that this action be dismissed. Referred to Judge Morrison C. England. Objections to F&R due within 20 days.(Dillon, M)

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(PC)Riches v. Kaczynski Doc. 3 Case 2:07-cv-01985-MCE-KJM Document 3 Filed 10/09/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. THEODORE JOHN KACZYNSKI, Defendant. / Plaintiff, a federal prisoner in South Carolina, asks that the court issue an order prohibiting defendant's transfer to plaintiff's prison. Plaintiff fails to show that this is an appropriate venue for the issuance of such an order, see 28 U.S.C. 1391 et. seq., or that his claim is cognizable, 28 U.S.C. 1330 et. seq. Therefore, plaintiff's complaint is frivolous and the court will recommend that it be dismissed. See 28 U.S.C. 1915A(b)(1),(2). Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. 636(b)(l). Within twenty days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JONATHAN LEE RICHES, Plaintiff, No. CIV S-07-1985 MCE KJM P FINDINGS AND RECOMMENDATIONS Case 2:07-cv-01985-MCE-KJM Document 3 Filed 10/09/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: October 9, 2007. 1 rich1985.frs 2

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