Anderson v. Kelso, et al.

Filing 51

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/30/12 RECOMMENDING that the claims against defendants Gower, Terry, Davis, Stati, Lopez, Tate and Wagner contained in plaintiffs second amended complaint be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 21 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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SAMUEL ANDERSON,

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Plaintiff,

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No. 2: 12-cv-0261 MCE KJN P

vs.

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MATTHEW TATE, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
/

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. The undersigned has separately issued an order addressing the

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second amended complaint filed April 18, 2012. The undersigned found that the second

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amended complaint stated potentially cognizable claims for relief against defendants Kelso,

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Swingle, Lee, Hoffman, Stovall, Cummings, Royston, Pearsall and Pomozal. The undersigned

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ordered service of these defendants.

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In that separately issued order, the undersigned further found that plaintiff’s

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second amended complaint did not state cognizable claims against defendants Gower, Terry,

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Davis, Stati, Lopez, Tate and Wagner. For the reasons stated in that order, the undersigned now

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recommends dismissal of the claims against these defendants.

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Accordingly, IT IS HEREBY RECOMMENDED that the claims against

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defendants Gower, Terry, Davis, Stati, Lopez, Tate and Wagner contained in plaintiff’s second

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amended complaint be dismissed.

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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 twenty-

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

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

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

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: May 30, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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