Davis v. Seihel et al

Filing 31

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/25/19 RECOMMENDING that plaintiffs claims against defendants Seihel and Kirby be dismissed without prejudice. Referred to Judge Troy L. Nunley. 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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JEROME MARKIEL DAVIS,

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No. 2:18-cv-1261-TLN-EFB P

Plaintiff,
FINDINGS AND RECOMMENDATIONS

v.
KIMBERLY SEIHEL, et al.,

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Defendants.

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Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42

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U.S.C. § 1983. By order filed May 22, 2019, the court found that service of the amended

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complaint is appropriate for defendant Harrison. ECF No. 27. The court informed plaintiff he

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could proceed against defendant Harrison only or file a second amended complaint within 30

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days that also states a claim against defendants Seihel and Kirby. Id. The time for amending has

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passed and plaintiff has elected to proceed only with the claim against defendant Harrison. See

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ECF No. 28.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against
defendants Seihel and Kirby 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: June 25, 2019.

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