Cato v. Darst et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/19/2018 RECOMMENDING plaintiff's claims against defendants Shiplet and Albonico be dismissed without prejudice. Referred to Judge Troy L. Nunley; 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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JAMES CATO, JR.,
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No. 2:17-cv-1873-TLN-EFB P
Plaintiff,
FINDINGS AND RECOMMENDATIONS
v.
M. DARST, 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 June 15, 2018, the court found that service of the complaint is
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appropriate for defendants Delagarza-Dillard, Campbell, Snyder, Bennett, Darst, and Romero.
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ECF No. 8. The court informed plaintiff he could proceed against these defendants only or file an
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amended complaint within 30 days that also states a claim against defendants Shiplet and
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Albonico. Id. The time for amending has passed and plaintiff has elected to proceed only with
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the claims against defendants Delagarza-Dillard, Campbell, Snyder, Bennett, Darst, and Romero.
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See ECF No. 12.
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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against
defendants Shiplet and Albonico 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: July 19, 2018.
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