Williams v. Freeze et al

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/24/2013 RECOMMENDING that defendants Swarthout, Freeze, Hardy, Foston, and Allen be dismissed from this action without prejudice. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANDRES WILLIAMS,

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No. 2:12-cv-2894 KJM KJN P

Plaintiff,

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v.

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FREEZE, et al.,

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FINDINGS AND RECOMMENDATIONS
Defendants.

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Pursuant to this court’s screening of plaintiff’s original complaint pursuant to 28 U.S.C.

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§ 1915A(a), the court found that the complaint may state cognizable claims against defendants

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Boyd, Swetland and Dernoncourt, but did not state cognizable claims against defendants

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Swarthout, Freeze, Hardy, Foston, or Allen. (ECF No. 7.) The court gave plaintiff the option of

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proceeding on his original complaint or filing an amended complaint that added a cognizable

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claim against the latter defendants. Plaintiff chose to proceed on his original complaint against

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defendants Boyd, Swetland and Dernoncourt, effectively choosing to terminate this action against

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defendants Swarthout, Freeze, Hardy, Foston, and Allen.

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Accordingly, IT IS HEREBY RECOMMENDED that defendants Swarthout, Freeze,
Hardy, Foston, and Allen be dismissed from this action 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.” Any reply to the objections

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shall be filed and served within fourteen days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: October 24, 2013

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/will2894.14option.fr.kjn

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