Lee v. Grounds

Filing 10

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/8/2014 ORDERING the Clerk to assign a district judge to this action; and RECOMMENDING that plaintiff's retaliation claim contained in his 8 second amended complaint be dismissed for the reasons stated in the screening order. Assigned and Referred to Judge Troy L. Nunley; 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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GEORGE LEE,

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Plaintiff,

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No. 2:14-cv-0464 KJN P

v.
R. GROUNDS, et al.,

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ORDER AND FINDINGS AND
RECOMMENDATIONS

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 screening plaintiff’s second

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amended complaint filed April 11, 2014. The undersigned found that plaintiff’s claim that he was

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wrongfully charged restitution stated a potentially cognizable claim for relief. The undersigned

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found that plaintiff’s retaliation claim should be dismissed because no defendants are linked to

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this claim. The undersigned also found that plaintiff’s retaliation claim violated Federal Rule of

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Civil Procedure 18.
Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall assign a district

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judge to this action; and
IT IS HEREBY RECOMMENDED that plaintiff’s retaliation claim contained in his

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second amended complaint be dismissed for the reasons stated in the screening order.

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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: May 8, 2014

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Lee464.56

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