Vaughn, Sr. v. Hood, et al.
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/15/14 RECOMMENDING that defendant Foulk be dismissed without prejudice. 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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RAY LEE VAUGHN, SR.,
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Plaintiff,
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v.
No. 2:14-cv-2235 MCE KJN P
FINDINGS AND RECOMMENDATIONS
HOOD, et al.,
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 states potentially cognizable claims against
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defendants Hood and Rollands, but did not state a claim against defendant Foulk. (ECF No. 9.)
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The court gave plaintiff the option of proceeding on his original complaint or filing an amended
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complaint that attempted to state a cognizable claim against defendant Foulk. Plaintiff chose to
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proceed on his original complaint against defendants Hood and Rollands, and in his notice of
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submission of documents form, signed November 20, 2014, consented to the dismissal of
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defendant Foulk without prejudice. (ECF No. 18 at 1.)
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IT IS HEREBY RECOMMENDED that defendant Foulk be dismissed 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: December 15, 2014
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/vaug2235.14dm
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