(PC) Mayweathers v. Swarthout et al, No. 2:2009cv03284 - Document 21 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/21/10 RECOMMENDING that defendant Barry Smith be dismissed from this action. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 21 days.(Dillon, M)

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(PC) Mayweathers v. Swarthout et al Doc. 21 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KARLUK MAYWEATHERS, 11 12 13 14 Plaintiff, vs. JAMES WALKER, et al., Defendants. 15 16 No. 2:09-cv-3284 LKK KJN P FINDINGS AND RECOMMENDATIONS / Pursuant to this court’s screening of plaintiff’s original complaint pursuant to 28 17 U.S.C. § 1915A(a), the court found that the complaint may state cognizable claims against 18 defendants Nasir, Sudran and Swarthout, but did not state a claim against defendant Smith. (Dkt. 19 No. 12.) The court gave plaintiff the option of proceeding on his original complaint or filing an 20 amended complaint that added a cognizable claim against defendant Smith. Plaintiff chose to 21 proceed on his original complaint against defendants Nasir, Sudran and Swarthout, effectively 22 choosing to terminate this action against defendant Smith. 23 24 Accordingly, IT IS HEREBY RECOMMENDED that defendant Barry Smith be dismissed from this action. 25 These findings and recommendations are submitted to the United States District 26 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 days 1 Dockets.Justia.com 1 after being served with these findings and recommendations, plaintiff may file written objections 2 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 3 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 4 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 5 (9th Cir. 1991). 6 DATED: June 21, 2010 7 8 9 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 10 11 12 mary3284.f&r.optn 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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