Fausett v. Mule Creek State Prison, et al.

Filing 85

REPORT AND RECOMMENDATIONS signed by Magistrate Judge Valerie P. Cooke on 9/27/2010 RECOMMENDING that the District Judge enter an Order DISMISSING Nurse Cooper as a defendant in this action; Referred to Judge Roger L. Hunt; Objections due within 14 days of receipt. (Reader, L)

(PC) Fausett v. LeBlanc

Doc. 85

1 2 3 4 5 6 7 8 9 10 11 This report and recommendation is made to the Honorable Roger L. Hunt, United States District 12 Judge. The action was referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 13 636(b)(1)(B) and LR 302. 14 On January 27, 2010, the court granted plaintiff's motion for a sixty-day extension of time to 15 locate and serve a defendant, Nurse Cooper (#25). Nurse Cooper was duly served, and plaintiff then 16 propounded written discovery on Nurse Cooper. At the August 26, 2010 case management conference, 17 plaintiff requested that he be allowed to propound additional written depositions on Nurse Cooper; 18 however, defendants' counsel reported to the court that the employment records revealed that Nurse 19 Cooper was not working at the medical facility during the period of time giving rise to plaintiff's 20 allegations in the complaint. Nurse Cooper also verified her answers to interrogatories and stated that 21 she was not employed at the medical facility at issue in this case during the time period alleged in 22 plaintiff's complaint. 23 Based on the foregoing, the undersigned Magistrate Judge recommends that Nurse Cooper 24 dismissed as a defendant in this action. 25 The parties should be aware of the following: 26 1. 27 of Practice, specific written objections to this Report and Recommendation within fourteen (14) days 28 They may file, pursuant to 28 U.S.C. § 636(b)(1)(C) and Rule 304(b) of the Local Rules MICHAEL FAUSETT, ) ) Plaintiffs, ) ) vs. ) ) NURSE LeBLANC, et al., ) ) Defendants. ) ____________________________________) 2:08-CV-1724-RLH (VPC) REPORT AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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of receipt.

These objections should be titled "Objections to Magistrate Judge's Report and

Recommendation" and should be accompanied by points and authorities for consideration by the District Court. 2. This Report and Recommendation is not an appealable order, and any notice of appeal

pursuant to Rule 4(a)(1), Fed. R. App. P., should not be filed until entry of the District Court's judgment. RECOMMENDATION For the reasons stated above, the undersigned Magistrate Judge recommends that the District Judge enter an Order DISMISSING Nurse Cooper as a defendant in this action. DATED: September 27, 2010.

_________________________________________ UNITED STATES MAGISTRATE JUDGE

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