Hoffmann v. Lassen County et al

Filing 10

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/23/19 RECOMMENDING that this action be Dismissed. Referred to Judge William B. Shubb. Objections are due within 14 days after being served with these findings and recommendations. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KASEY F. HOFFMAN,

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Plaintiff,

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No. 2:17-cv-1734-WBS-EFB P

v.

FINDINGS AND RECOMMENDATIONS

LASSEN COUNTY, 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. On April 23, 2019, the court entered an order directing plaintiff to show cause

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why this action should not be dismissed. ECF No. 9. The court noted that a substantially similar

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action before a different magistrate judge in this district had been dismissed when plaintiff proved

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unable to join a necessary party. Id. at 1-2. In its order, the court directed plaintiff to indicate

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whether he had a reasonable belief that the party could be joined in this action. Id. at 2. Plaintiff

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was afforded fourteen days to respond to the order to show cause. Id. That deadline has expired

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and he has not filed a response. Plaintiff has abandoned this action or conceded that he is unable

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to join a necessary party.

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Accordingly, it is hereby RECOMMENDED that this action be dismissed.

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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: July 23, 2019.

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