(PC) Sadiq v. Roberts, No. 2:2009cv01171 - Document 18 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/5/10 recommending that plaintiffs due process claim against Roberts, as well as his claims against defendants Flores, Scavetta and Ferguson be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)
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(PC) Sadiq v. Roberts Doc. 18 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JABIR SADIQ, Plaintiff, 11 vs. 12 13 No. CIV S-09-1171 LKK EFB P LT. ROBERTS, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 16 17 U.S.C. § 1983. By order filed July 2, 2010, the court found that plaintiff had stated a cognizable 18 excessive force claim against defendants Roberts, Botkin and Fanning, and informed plaintiff he 19 could proceed against those defendants on an excessive force claim only or file an amended 20 complaint to attempt to state an additional cognizable claim against Roberts, as well as 21 cognizable claims against Flores, Scavetta and Ferguson. The court also informed plaintiff that 22 it would consider plaintiff’s decision to proceed only as to defendants Roberts, Botkin and 23 Fanning on the excessive force claim, as consent to the dismissal of his due process claim 24 against Roberts, as well as his claims against Flores, Scavetta, and Ferguson. On July 27, 2010, 25 plaintiff returned documents for service against defendants Roberts, Botkin and Fanning. 26 //// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s due process claim 2 against Roberts, as well as his claims against defendants Flores, Scavetta and Ferguson be 3 dismissed without prejudice. 4 These findings and recommendations are submitted to the United States District Judge 5 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 6 after being served with these findings and recommendations, any party may file written 7 objections with the court and serve a copy on all parties. Such a document should be captioned 8 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 9 within the specified time may waive the right to appeal the District Court’s order. Turner v. 10 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 Dated: August 5, 2010. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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