McClintock v. Cooper et al

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/30/19 RECOMMENDING that the claims found not potentially colorable in the second amended complaint 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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JOHN McCLINTOCK,

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No. 2: 18-cv-0560 JAM KJN P

Plaintiff,
v.

FINDINGS AND RECOMMENDATIONS

T. COOPER, 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 issued a separate order screening the second amended

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

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retaliation claims against defendants Allen, Armenta, J. Cantu, L. Cantu, Cooper, Walker,

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Wheeler and Winkler in claims two, three, four and five.

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For the reasons stated in the order screening the second amended complaint, the

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undersigned herein recommends the dismissal of those claims found not potentially colorable in

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the screening order: 1) claim one; 2) the portion of claim two alleging that defendants retaliated

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against plaintiff by appearing at his workplace; and 3) the retaliation claims against defendants

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Allen and Lizarraga in claim three.

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Accordingly, IT IS HEREBY RECOMMENDED that the claims found not potentially
colorable in the second amended complaint 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: April 30, 2019

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Mc560.46

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