Wilson v. Wever et al

Filing 62

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 06/25/12 recommending that this action proceed against defendant Wever and Proffitt only and that all other defendants be dismissed. Referred to Judge Lawrence K. Karlton. Objections due within 14 days. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LEE WILSON,

12
13
14

No. 2:09-CV-2191-LKK-CMK-P

Plaintiff,
vs.

FINDINGS AND RECOMMENDATIONS

SANDRA LEE WEVER, et al.1

15

Defendants.

16

/

17

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

18

42 U.S.C. § 1983. Pending before the court is plaintiff’s third amended complaint (Doc. 56).

19

The court is required to screen complaints brought by prisoners seeking relief

20

against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.

21

§ 1915A(a). For the reasons outlined in the accompanying order, the court finds that service of

22

this action is appropriate for defendants Wever and Proffitt only and that all other defendants,

23

who are private parties, should be dismissed from this civil rights action.

24
25
26

1

William Proffitt, who is named in the third amended complaint, does not appear
on the court’s docket as a defendant. The Clerk of the Court will be directed to correct the
docket to include Proffitt as a listed defendant.
1

1
2

Based on the foregoing, the undersigned recommends that this action proceed
against defendant Wever and Proffitt only and that all other defendants be dismissed.

3

These findings and recommendations are submitted to the United States District

4

Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days

5

after being served with these findings and recommendations, any party may file written

6

objections with the court. Responses to objections shall be filed within 14 days after service of

7

objections. Failure to file objections within the specified time may waive the right to appeal.

8

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

9
10
11
12

DATED: June 25, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
2