Belyew v. Duch et al

Filing 19

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/11/2019 ORDERING the Clerk to randomly assign a US District Judge to this case and RECOMMENDING plaintiff's claims against defendants Soderberg, Ramirez, Dawson, Young, Proctor, and Meyer be dismissed without prejudice. Assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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No. 2:17-cv-1213-EFB P

LISA BELYEW,

ORDER AND FINDINGS AND
RECOMMENDATIONS

v.
DUCH, et al.,

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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 May 10, 2019, the court found that service of the amended

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complaint is appropriate for defendants Moreland, Callus, Smith, Trott, Webber, Duch, and

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Jones. ECF No. 14. The court informed plaintiff she could proceed against defendants

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Moreland, Callus, Smith, Trott, Webber, Duch, and Jones only or file a second amended

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complaint within 30 days that also states a claim against defendants Soderberg, Ramirez,

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Dawson, Young, Proctor, and Meyer. Id. The time for amending has passed and plaintiff has

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elected to proceed only with the claim against defendants Moreland, Callus, Smith, Trott,

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Webber, Duch, and Jones. See ECF No. 15.
Accordingly, IT IS ORDERED that the Clerk of the Court randomly assign a United

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States District Judge to this case.

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/////

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Further, IT IS RECOMMENDED that plaintiff’s claims against defendants Soderberg,
Ramirez, Dawson, Young, Proctor, and Meyer 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 11, 2019.

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