Crane v. Rodriguez et al

Filing 34

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/10/15 recommending that defendant Madrigal be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD JOSEPH CRANE,

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Plaintiff,

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No. 2:15-cv-0208 TLN KJN P

v.

FINDINGS AND RECOMMENDATIONS

RODRIGUEZ, et al.,

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Defendants.

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On October 20, 2015, plaintiff was given the option to proceed as to six defendants, or to

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file a third amended complaint and attempt to state a cognizable claim as to additional defendant

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Madrigal. On November 2, 2015, plaintiff filed documents for service of process on the six

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defendants, and consented to the dismissal of defendant Madrigal without prejudice. (ECF No.

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29.)

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Accordingly, IT IS HEREBY RECOMMENDED that defendant Madrigal 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, 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: November 10, 2015

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/cw/cran0208.56

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