Owens v. Defazio et al
Filing
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ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/8/16 ORDERING that the Clerk of the Court is directed to assign a district judge to this action; and it is RECOMMENDED that defendant Dental Department be dismissed. Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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THEON OWENS,
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No. 2: 16-cv-2750 KJN P
Plaintiff,
v.
ORDER AND FINDINGS AND
RECOMMENDATIONS
JOSEPH DEFAZIO, et al.,
Defendants.
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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant
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to 42 U.S.C. § 1983. The undersigned has separately issued an order screening the complaint.
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The undersigned found that the complaint stated potentially colorable claims for relief against all
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defendants but defendant Dental Department. The undersigned found that the claims against
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defendant Dental Department were barred by the Eleventh Amendment. Accordingly, the
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undersigned herein recommends dismissal of defendant Dental Department on these grounds.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign
a district judge to this action; and
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IT IS HEREBY RECOMMENDED that defendant Dental Department be dismissed.
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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, plaintiff may file written objections
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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.” Plaintiff is 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: December 8, 2016
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Ow2750.56
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