Banks, Sr. v. Regents of the University of California, et al.

Filing 9

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/28/14 RECOMMENDING that defendants University of California Regents and University of California Davis Medical Center be dismissed. Referred to Judge Troy L. Nunley; 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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YUJUAN BANKS, SR.,

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No. 2:14-cv-0460 TLN KJN P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

U.C. REGENTS, et al.,
Defendants.

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

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

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filed February 12, 2014. In this order, the undersigned found that plaintiff’s claims against

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defendants University of California Regents and University of California Davis Medical Center

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are barred by the Eleventh Amendment. For the reasons stated in that order, the undersigned now

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recommends dismissal of these defendants.

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Accordingly, IT IS HEREBY RECOMMENDED that defendants University of California
Regents and University of California Davis Medical Center be dismissed.

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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, plaintiff may file written objections

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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.” Plaintiff is advised that

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

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

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Dated: February 28, 2014

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Ba460.56

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