Edwards v. High Desert State Prison et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/4/2011 RECOMMENDING that dft McDonald be dismissed from this action. Referred to Judge William B. Shubb; Objections due w/in 21 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN DARNELL EDWARDS,

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Plaintiff,

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No. 2: 10-cv-3461 WBS KJN P

vs.

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HIGH DESERT STATE PRISON, et al.,

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Defendants.

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FINDINGS AND RECOMMENDATIONS
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Pursuant to this court’s screening of plaintiff’s amended complaint pursuant to 28

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U.S.C. § 1915A(a), the court found that the amended complaint states potentially cognizable

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claims against defendants Turner-Gambery, Cheney, Mitchell and Swingle, but did not state a

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claim against defendant McDonald. (Dkt. No. 14.) The court gave plaintiff the option of

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proceeding on his amended complaint or filing a second amended complaint that added a

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cognizable claim against defendant McDonald. Plaintiff chose to proceed on his amended

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complaint against defendants Turner-Gambery, Cheney, Mitchell and Swingle, effectively

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choosing to terminate this action against defendant McDonald.

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Accordingly, IT IS HEREBY RECOMMENDED that defendant McDonald 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). Within 21 days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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DATED: May 4, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ed3461.fr

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