Jarrard v. Solano County, et al.
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/14/18 RECOMMENDING that plaintiff's claims against defendants Lenke and Solano County be dismissed without prejudice. Referred to Judge John A. Mendez. 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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JAMES JOSHUA JARRARD,
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No. 2:16-cv-2838-JAM-EFB P
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
SOLANO COUNTY, et al.,
Defendants..
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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
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U.S.C. § 1983. By order filed April 26, 2018, the court found that plaintiff had stated a
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potentially cognizable Fourteenth Amendment excessive force claim against defendant Sandoval.
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ECF No. 14. The court informed plaintiff he could proceed as to defendant Sandoval only or file
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an amended complaint within 30 days to cure the defects in his claims against defendants Lenke
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and Solano County. Id. The time for amending has passed and plaintiff has elected to proceed
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only with the claim against defendant Sandoval. See ECF No. 17.
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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against
defendants Lenke and Solano County be dismissed 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.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Turner v.
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Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: June 14, 2018.
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