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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROY AUBURN PECK, III, 12 Plaintiff, 13 v. 14 No. 2:17-cv-0430 JAM KJN P HOPKINS, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. On June 16, 2017, the 18 undersigned screened plaintiff’s amended complaint, and granted plaintiff leave to provide 19 service of process documents for four defendants, or to choose to attempt to amend to address 20 claims VI and VII, which the court dismissed with leave to amend based on insufficient factual 21 allegations (claim VI) and unrelated claims (Claim VII). (ECF No. 16 at 2-3.) On July 7, 2017, 22 plaintiff filed the documents for service of process on the four defendants, and opted not to file a 23 second amended complaint, but rather consented to the dismissal of claims VI and VII without 24 prejudice. (ECF No. 17.) Good cause appearing, IT IS HEREBY RECOMMENDED that 25 plaintiff’s Claims VI and VII be dismissed without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, plaintiff may file written objections 1 with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 3 failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: July 13, 2017 6 7 8 /cw/peck0430.56 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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