Peck v. Blanks et al

Filing 20

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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