Bivins v. Ju et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/9/2016 RECOMMENDING defendants Sahota and Zamora be dismissed from this action without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOSEPH BIVINS,
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No. 2:16-cv-0389 MCE KJN P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
DR. JU, 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 may state cognizable claims against defendant Dr.
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Ju, but did not state a claim against defendants Sahota and Zamora. (ECF No. 9.) The court gave
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plaintiff the option of proceeding on his original complaint or filing an amended complaint that
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stated cognizable claims against defendants Sahota and Zamora. Plaintiff chose to proceed on his
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original complaint against defendant Dr. Ju, effectively choosing to terminate this action against
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defendants Sahota and Zamora.
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IT IS HEREBY RECOMMENDED that defendants Sahota and Zamora be dismissed from
this action 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 9, 2016
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bivi0389.dsm2
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