Daniels v. Monroe/Lienberger Detention Centers et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 7/24/2015 RECOMMENDING that this action be dismissed as to defendants Castenada, Yakimtsev, Fristole and Chang; and plaintiff be permitted to proceed on the original complaint against defendants Torres, Garcia, Galey and Gall. 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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LANDRY DANIELS,
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No. 2:14-cv-2176 KJM CKD P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
MONROE/LIENBERGER DETENTION
CENTERS, et al.,
Defendants.
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Plaintiff commenced this action on September 19, 2014. (ECF No. 1.) On October 28,
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2014, the undersigned determined that service was appropriate for defendants Torres, Garcia,
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Galey, and Gall, and recommended that all other defendants be dismissed. (ECF No. 4.) Torres,
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Garcia, Galey, and Gall have answered the complaint. (ECF Nos. 12, 13, 14 & 15.)
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On April 8, 2015, the district judge dismissed the complaint and granted plaintiff leave to
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file an amended complaint in an attempt to state a cognizable claim against defendants Castenada,
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Yakimtsev, Fristole, and Chan. (ECF No. 11.) On April 27, 2015, plaintiff was granted an
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extension of time until June 30, 2015 to file an amended complaint. (ECF No. 19.) That deadline
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has passed, and plaintiff has not filed an amended complaint.
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Accordingly, IT IS HEREBY RECOMMENDED that:
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1. This action be dismissed as to defendants Castenada, Yakimtsev, Fristole, and Chan.
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See Local Rule 110; Fed. R. Civ. P. 41(b); and
2. Plaintiff be permitted to proceed on the original complaint against defendants Torres,
Garcia, Galey, and Gall.
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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. The document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
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(9th Cir. 1991).
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Dated: July 24, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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