Prado v. Swarthout et al

Filing 22

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 5/22/17 Recommending that Defendant Jimenez be dismissed. These Findings and Recommendations will be submitted to U.S. District Judge William B. Shubb; Objections to these F&Rs due within fourteen days. (Mena-Sanchez, L)

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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 ALEJANDRO PRADO, 12 No. 2:15-cv-1866 WBS DB P Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 GARY SWARTHOUT, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights 17 18 action under 42 U.S.C. § 1983. Plaintiff alleges he fell in the shower several times due to a 19 cement block impediment because the showers are not compliant with the Americans with 20 Disabilities Act. Upon screening, the court found, among other things, that plaintiff failed to state 21 a claim against defendant Jimenez. (See Mar. 24, 2017 Order (ECF No. 15).) The court gave 22 plaintiff thirty days to elect whether to proceed against some defendants or amend his complaint 23 to attempt to state a cognizable claim against Jimenez. On April 11, 2017, plaintiff filed a Notice 24 of Submission of Documents in which he chose to proceed on his first amended complaint, serve 25 defendants Arnold, Blackwell, Matteson, and Swarthout, and dismiss defendant Jimenez without 26 prejudice. (ECF No. 16.) 27 //// 28 //// 1 1 2 3 Accordingly, IT IS HEREBY RECOMMENDED that defendant Jimenez be dismissed from this action without prejudice. These findings and recommendations will be submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. The document should be captioned “Objections to Magistrate Judge's Findings 7 and Recommendations.” Petitioner is advised that failure to file objections within the specified 8 time may result in waiver of the right to appeal the district court’s order. Martinez v. Ylst, 951 9 F.2d 1153 (9th Cir. 1991). 10 Dated: May 22, 2017 11 12 13 14 15 16 17 18 19 DLB:9 DLB1/prisoner-civil rights/ 20 21 22 23 24 25 26 27 28 2

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