Turner v. Riaz et al

Filing 36

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 03/21/18 ORDERING that the undersigned's dismissal of defendant Macomber from this action 12 at 6, paragraph 4 is VACATED. Also, RECOMMENDING that defendant Macomber be dismissed from this action without leave to amend, for the reasons set forth in the undersigned's 04/14/17 screening order 12 at 3-4. Referred to Judge Morrison C. England Jr. 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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LAFONZO R. TURNER,

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No. 2:16-cv-0969 MCE AC P

Plaintiff,

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v.

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N. RIAZ, et al.,

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ORDER and
FINDINGS AND RECOMMENDATIONS
Defendants.

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In light of the Ninth Circuit’s recent decision in Williams v. King, 875 F.3d 500 (9th Cir.

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2017) (no magistrate judge jurisdiction based on plaintiff’s consent alone), this court will vacate

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the undersigned’s dismissal from this action of defendant J. Macomber, former Warden of

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California State Prison Sacramento. However, for the reasons set forth in the undersigned’s April

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14, 2017 screening order pursuant to 28 U.S.C. § 1915A, see ECF No. 12, the undersigned will

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recommend to the assigned district judge that defendant Macomber be dismissed without leave to

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amend.

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Accordingly, IT IS HEREBY ORDERED that the undersigned’s dismissal of defendant
Macomber from this action, see ECF No. 12 at 6, ¶ 4, is vacated.
Further, IT IS HEREBY RECOMMENDED that defendant Macomber be dismissed from

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this action without leave to amend, for the reasons set forth in the undersigned’s April 14, 2017

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screening order, see ECF No. 12 at 3-4.
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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.” The parties are 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: March 21, 2018

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