Bell v. Harringon, et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 05/12/11 recommending that defendant Harrington be dismissed from this action Referred to Judge John A. Mendez. 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

HORACE ANDREW BELL,

11
12
13
14

Plaintiff,
vs.
KELLY HARRINGTON, et al.,
Defendants.

FINDINGS AND RECOMMENDATIONS
/

15
16

No. CIV S-09-2426 JAM EFB P

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

17

U.S.C. § 1983. On April 15, 2011, the court determined that plaintiff’s amended complaint did

18

not state a cognizable claim for relief against defendant Harrington. The court allowed plaintiff

19

30 days to submit an amended complaint to attempt to state a cognizable claim against defendant

20

Harrington. On April 29, 2011, plaintiff consented to the dismissal of defendant Harrington

21

without prejudice.

22
23

Accordingly, IT IS HEREBY RECOMMENDED that defendant Harrington be dismissed
from this action.

24

These findings and recommendations are submitted to the United States District Judge

25

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

26

after being served with these findings and recommendations, any party may file written
1

1

objections with the court and serve a copy on all parties. Such a document should be captioned

2

“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

3

within the specified time may waive the right to appeal the District Court’s order. Turner v.

4

Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

5

DATED: May 12, 2011.

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2