Cooksey v. Win et al

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/26/12 recommending that plaintiffs claims against defendants Win, McAlpine, Traquina, and Warren be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARCELLUS COOKSEY,
Plaintiff,

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vs.

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No. CIV S-11-1374 GEB EFB P

K. WIN, et al.,
Defendants.

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FINDINGS AND RECOMMENDATIONS
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Plaintiff, an inmate confined at Pleasant Valley State Prison in Coalinga, proceeds

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without counsel in an action brought under 42 U.S.C. § 1983. By order filed January 4, 2012,

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the court found that plaintiff had stated sufficient allegations against defendants Chokatos and

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Fortune and informed plaintiff he could proceed against those defendants only or file an

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amended complaint to attempt to state cognizable claims against additional defendants. The

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court also informed plaintiff that it would consider plaintiff’s decision to proceed only as to

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defendants Chokatos and Fortune as consent to the dismissal of defendants Win, McAlpine,

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Traquina, and Warren without prejudice. On January 19, 2012, plaintiff returned documents for

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service against defendants Chokatos and Fortune and consented to the dismissal of defendants

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Win, McAlpine, Traquina, and Warren without prejudice.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against
defendants Win, McAlpine, Traquina, and Warren be dismissed without prejudice.

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

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

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

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

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

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

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

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Dated: January 26, 2012.

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