Morris v. Nangalama et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/6/14 RECOMMENDING that defendant Duc be dismissed from this action. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days.(Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEON E. MORRIS,
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No. 2:12-cv-1202 MCE KJN P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
DR. NANGALAMA, et al.,
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Defendants.
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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with an action filed
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pursuant to 42 U.S.C. § 1983. By order filed March 4, 2014, plaintiff was granted thirty days in
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which to file a second amended complaint. Plaintiff filed a second amended complaint on March
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28, 2014. In his second amended complaint, plaintiff named Dr. Duc as a defendant. However,
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plaintiff included no charging allegations as to defendant Dr. Duc. (ECF No. 39, passim.) In his
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original complaint, plaintiff also included no charging allegations as to defendant Dr. Duc. (ECF
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No. 7 at 6.) In light of plaintiff’s failure to provide charging allegations, defendant Duc should be
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dismissed from this action.
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Accordingly, IT IS HEREBY RECOMMENDED that defendant Duc be dismissed from
this action.
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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.” Any response to the
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objections shall be served and filed within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: May 6, 2014
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/morr1202.56
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