Brooks v. Spearman et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/29/17 RECOMMENDING that the claims against defendants Spearman, Crawford, Needles, Powell, Courtney and Ramirez be dismissed. 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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DENNIS LYN BROOKS,

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No. 2: 17-cv-2172 JAM KJN P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

M. E. SPEARMAN, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. The undersigned has separately issued an order screening the amended

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complaint. In this order, the undersigned found that plaintiff stated potentially colorable claims

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against defendants Romero, Rodriguez, Villalobos, Mr. Fannon, Mrs. Fannon, Cruz and Vang.

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The undersigned ordered service of these defendants. The undersigned also found that plaintiff

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did not state potentially colorable claims against defendants Spearman, Crawford, Needles,

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Powell, Courtney and Ramirez.

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For the reasons stated in the separately issued order addressing the amended complaint,

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the undersigned herein recommends that the claims against defendants Spearman, Crawford,

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Needles, Powell, Courtney and Ramirez be dismissed.

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Accordingly, IT IS HEREBY RECOMMENDED that the claims against defendants
Spearman, Crawford, Needles, Powell, Courtney and Ramirez 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, 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: December 29, 2017

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Br2172.56

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