Wilkins v. Gonzalez, et al.

Filing 20

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/12/16 RECOMMENDING that all claims in the second amended complaint, except for the retaliation claims against defendants Swarthout, Chaiken, Jones, Vasquez, Hurtz, Couch, Gonzales and Pulley, and the Eighth Amendment claim against defendant Jones, be dismissed. referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KEENAN WILKIN,

12
13
14
15

No. 2: 16-cv-0347 KJM KJN P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

PAUL GONZALES, et al.,
Defendants.

16
17

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

18

to 42 U.S.C. § 1983. The undersigned has separately issued an order screening the second

19

amended complaint (ECF No. 17.) The undersigned found that plaintiff stated potentially

20

colorable retaliation claims against defendant Swarthout, Chaiken, Jones, Vasquez, Hurtz, Couch,

21

Gonzales and Pulley, and a potentially colorable Eighth Amendment claim against defendant

22

Jones. The undersigned found that the other claims alleged were not potentially colorable.

23

Accordingly, for the reasons stated in the separately issued order, IT IS HEREBY

24

RECOMMENDED that all claims in the second amended complaint, except for the retaliation

25

claims against defendants Swarthout, Chaiken, Jones, Vasquez, Hurtz, Couch, Gonzales and

26

Pulley, and the Eighth Amendment claim against defendant Jones, be dismissed.

27

These findings and recommendations are submitted to the United States District Judge

28

assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
1

1

after being served with these findings and recommendations, plaintiff may file written objections

2

with the court and serve a copy on all parties. Such a document should be captioned

3

“Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that

4

failure to file objections within the specified time may waive the right to appeal the District

5

Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

6

Dated: August 12, 2016

7
8
9
10
11

Wilk347.fr

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2