Gibbs v. Peterson, et al

Filing 48

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 03/01/17 ORDERING that defendant Johnson file his response to plaintiff's amended complaint within 14 days. Also, RECOMMENDING that all defendants other than defendant Johnson and Prasinos be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH B. GIBBS, 12 Plaintiff, 13 14 No. 2:15-cv-0061 KJM CKD P v. ORDER AND MACCOMBER, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 On January 17, 2017, the court screened plaintiff’s amended complaint pursuant to its 17 18 obligation to do so under 28 U.S.C. § 1915A. The court found that plaintiff’s amended complaint 19 states claims upon which plaintiff may proceed against defendants Johnson and Prasinos for 20 failure to protect plaintiff from violence in violation of the Eighth Amendment, and against 21 defendant Prasinos for failure to provide plaintiff with adequate medical care also in violation of 22 the Eighth Amendment. The court informed plaintiff he could proceed on those claims, or file a 23 second amended complaint in an attempt to cure the deficiencies with other claims presented in 24 his amended complaint. The time allotted for the filing of an amended complaint has expired. 25 Therefore, this action will proceed on the claims against defendants Johnson and Prasinos 26 identified above. 27 ///// 28 ///// 1 1 2 In accordance with the above, IT IS HEREBY ORDERED that defendant Johnson file his response to plaintiff’s amended complaint within 14 days.1 3 4 IT IS HEREBY RECOMMENDED that all defendants other than defendants Johnson and Prasinos be dismissed. 5 These findings and recommendations will be submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, plaintiff may file written objections 8 with the court. The document should be captioned “Objections to Findings and 9 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 10 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 11 Cir. 1991). 12 Dated: March 1, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 1 gibb0061.1(B) 19 20 21 22 23 24 25 26 27 28 1 Defendant Johnson waived service of plaintiff’s amended complaint on April 28, 2016. Defendant Prasinos answered plaintiff’s amended complaint on January 12, 2016. 2

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