(PC) Davis v. Walker et al, No. 2:2009cv00832 - Document 20 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/21/10 RECOMMENDING that defendants Walker and Beoke be dismissed from this action without prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due within 21 days.(Dillon, M)

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(PC) Davis v. Walker et al Doc. 20 1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 ULYSSES DAVIS, JR., 12 Plaintiff, 13 vs. 14 No. 2:09-cv-0832 FCD KJN P CHAPLAIN JUMAH, et al., 15 16 17 Defendants. FINDINGS & RECOMMENDATIONS / Plaintiff is a state prisoner proceeding without counsel in an action brought under 18 42 U.S.C. § 1983. On February 16, 2010, plaintiff’s claims against defendants Walker and 19 Beoke were dismissed with leave to amend. Plaintiff was granted the option to file an amended 20 complaint or, if he failed to file an amended complaint, his election to proceed forthwith would 21 be construed as consent to an order dismissing his defective claims against defendants Walker 22 and Beoke without prejudice. On March 15, 2010, plaintiff filed the notice of submission of 23 documents and provided service documents, thereby opting to proceed forthwith and consenting 24 to the dismissal of defendants Walker and Beoke without prejudice. 25 26 Accordingly, IT IS HEREBY RECOMMENDED that defendants Walker and Beoke be dismissed from this action without prejudice. Fed. R. Civ. P. 41. 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 3 one days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 5 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 6 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 7 F.2d 1153 (9th Cir. 1991). 8 DATED: May 21, 2010 9 10 11 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 12 13 davi0832.56 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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