Peck v. Blanks et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/13/17 recommending that plaintiff's claims VI and VII 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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ROY AUBURN PECK, III,
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Plaintiff,
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v.
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No. 2:17-cv-0430 JAM KJN P
HOPKINS, et al.,
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FINDINGS AND RECOMMENDATIONS
Defendants.
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Plaintiff is a state prisoner, proceeding without counsel. On June 16, 2017, the
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undersigned screened plaintiff’s amended complaint, and granted plaintiff leave to provide
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service of process documents for four defendants, or to choose to attempt to amend to address
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claims VI and VII, which the court dismissed with leave to amend based on insufficient factual
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allegations (claim VI) and unrelated claims (Claim VII). (ECF No. 16 at 2-3.) On July 7, 2017,
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plaintiff filed the documents for service of process on the four defendants, and opted not to file a
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second amended complaint, but rather consented to the dismissal of claims VI and VII without
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prejudice. (ECF No. 17.) Good cause appearing, IT IS HEREBY RECOMMENDED that
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plaintiff’s Claims VI and VII 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, 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: July 13, 2017
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/cw/peck0430.56
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