Riches v. Termini Bros Bakery et al

Filing 3

FINDINGS and RECOMMENDATIONS signed by Judge Dale A. Drozd on 12/20/07 RECOMMENDING that this action be dismissed. Objections to F&Rs due within 20 days. (Engbretson, K.)

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(PC) Riches v. Termini Bros Bakery et al Doc. 3 Case 2:07-cv-02715-LKK-DAD Document 3 Filed 12/21/2007 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. TERMINI BROS BAKERY, et al., Defendants. / Plaintiff, a federal prisoner in South Carolina, has named Termini Bros Bakery,, and Anthony Travia, Sr. as defendants in this action. Plaintiff alleges that Termini Bros Bakery does not remove trans fat from their ingredients, sends out cakes and pies containing "oxycontin," and employs illegal immigrants. (Compl. at 1.) He also claims that Termini and Travia have threatened to throw pies in his face and to force feed plaintiff liquid hydrogene and Alpo. Plaintiff seeks 25 million dollars in damages and a restraining order to stop defendants from violating the trans fat ban. Plaintiff fails to show that this is an appropriate venue for this action, 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). 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JONATHAN LEE RICHES, Plaintiff, No. CIV S-07-2715 LKK DAD P FINDINGS AND RECOMMENDATIONS Case 2:07-cv-02715-LKK-DAD Document 3 Filed 12/21/2007 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 DAD:4 rich2715.56 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 specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: December 20, 2007. 2

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