Schmidt, et al v. United States of America, et al

Filing 70

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 01/26/12 RECOMMENDING that that Claim III and defendants "unknown officers of Clovis Police", Fresno County Sheriff, and El Dorado County Sheriff be dismissed from this action. Objections to these F&R due within 14 days; 48 Amended Complaint referred to Judge Lawrence K. Karlton. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LONNIE G. SCHMIDT, et al.,

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Plaintiffs,

CIV. NO. S-09-660 LKK GGH PS

vs.

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UNITED STATES OF AMERICA, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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By order filed September 30, 2011, plaintiffs were ordered to complete service on

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the newly identified state defendants within thirty days. The thirty day period has now expired,

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and plaintiffs have not completed service or otherwise responded to the court’s order. Plaintiffs

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have apparently decided not to proceed with Claim III against these newly added defendants.

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Accordingly, IT IS HEREBY RECOMMENDED that Claim III and defendants

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“unknown officers of Clovis Police,” Fresno County Sheriff, and El Dorado County Sheriff be

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dismissed from this action.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). These findings

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and recommendations are submitted to the United States District Judge assigned to the case,

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pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen (14) days after being
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served with these findings and recommendations, any party may file written objections with the

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court and serve a copy on all parties. Such a document should be captioned “Objections to

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Magistrate Judge”s Findings and Recommendations.” Any reply to the objections shall be served

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and filed within seven (7) days after service of the objections. The parties are advised that failure

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to file objections within the specified time may waive the right to appeal the District Court’s

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order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: January 26, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Schmidt0660.fr.wpd

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