Jones v. Toft et al

Filing 17

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/14/11 Recommending that Plaintiff's equal protection claims against defendants Toft and Walker be dismissed without prejudice re 1 Prisoner Civil Rights Complaint. These Findings and Recommendations are submitted to U.S. District Judge Morrison C. England, Jr. Within fourteen days after being served with these Findings and Recommendations, any party may file written objections with the Court and serve a copy on all parties. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

ANTHONY JONES,
Plaintiff,

12
13
14
15
16

No. CIV S-11-0192 MCE EFB P

Defendants.

11

FINDINGS AND RECOMMENDATIONS

vs.
TOFT, et al.,

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

17

U.S.C. § 1983. By order filed March 15, 2011, the court found that plaintiff had stated

18

cognizable Eighth Amendment claims against defendants Toft and Blum and informed plaintiff

19

he could proceed against those defendants on the Eighth Amendment claims only or file an

20

amended complaint to attempt to state additional cognizable claims against defendants Toft and

21

Blum for violation of plaintiff’s equal protection rights. The court also informed plaintiff that it

22

would consider plaintiff’s decision to proceed only as to the Eighth Amendment claims against

23

defendants Toft and Blum as consent to the dismissal of his equal protection claims against those

24

defendants. On March 31, 2011, plaintiff returned documents for service against defendants Toft

25

and Blum, electing not to file an amended complaint to attempt to state cognizable equal

26

protection claims against those defendants.
1

1
2

Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s equal protection claims
against defendants Toft and Walker be dismissed without prejudice.

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

Dated: April 14, 2011.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2