Wright v. Macomber et al

Filing 21

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/23/18 RECOMMENDING that all claims in the second amended complaint, but for the 8th Amendment claims against defendants Roth and Macomber be dismissed. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)

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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 DOMINIC VA’SHON WRIGHT, 12 13 14 15 No. 2: 16-cv-2054 JAM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFF MACOMBER, 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. On November 1, 2017, the undersigned issued an order screening the 19 second amended complaint. (ECF No. 18.) The undersigned found that the second amended 20 complaint stated potentially colorable Eighth Amendment claims against defendants Macomber 21 and Roth. (Id.) The undersigned found that the remaining claims in the second amended 22 complaint were not potentially colorable. (Id.) The undersigned granted plaintiff thirty days to 23 file a third amended complaint. (Id.) 24 On December 12, 2017, the undersigned granted plaintiff a thirty days extension of time 25 to file a third amended complaint. (ECF No. 20.) Thirty days passed and plaintiff did not file a 26 third amended complaint. Accordingly, the undersigned herein recommends dismissal of all 27 claims in the third amended complaint but for the Eighth Amendment claims against defendants 28 Roth and Macomber. The undersigned separately orders service of these defendants. 1 1 Accordingly, for the reasons stated in the November 1, 2017 order, IT IS HEREBY 2 ORDERED that all claims in the second amended complaint, but for the Eighth Amendment 3 claims against defendants Roth and Macomber, be dismissed. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, plaintiff may file written objections 7 with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 9 failure to file objections within the specified time may waive the right to appeal the District 10 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: January 23, 2018 12 13 14 15 Wr2054.56 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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