Samuels v. CHC Facility

Filing 23

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/26/2018 RECOMMEDNING Plaintiff's claims against defendant Martel be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOE SAMUELS,

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No. 2:18-cv-1107-JAM-EFB P
Plaintiff,

v.

FINDINGS AND RECOMMENDATIONS

CHC FACILITY, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in an action brought

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under 42 U.S.C. § 1983. On October 11, 2018, the court determined that service of the complaint

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is appropriate for defendants Battle, Barocio, Shadrick, and Seninia, but not for defendant Martel.

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ECF No. 16. The court informed plaintiff he could proceed with his claims against defendants

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Battle, Barocio, Shadrick, and Seninia, or file an amended complaint within 30 days. Id. The

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

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defendants Battle, Barocio, Shadrick, and Seninia. See ECF No. 19.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendant
Martel 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: November 26, 2018.

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