Burton v. Mohyuddia

Filing 12

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/22/2018 RECOMMENDING plaintiff's claims against defendants Malakkla and Lewis be dismissed without prejudice. Referred to Judge Morrison C. England, Jr.; 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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KENDALL BURTON,

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No. 2:17-cv-2405-MCE-EFB P

Plaintiff,

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FINDINGS AND RECOMMENDATIONS

v.
MOHYUDDIA,

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Defendant.

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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 July 17, 2018, the court found that service of the complaint is

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appropriate for defendant Mohyuddia. ECF No. 8. The court informed plaintiff he could proceed

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against defendant Mohyuddia only or file an amended complaint within 30 days that also states a

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claim against additional defendants, including defendants Malakkla and Lewis. Id. The time for

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amending has passed and plaintiff has elected to proceed only with the claims against defendant

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Mohyuddia. See ECF No. 11.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against
defendants Malakkla and Lewis 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: August 22, 2018.

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