(PC) Elliot v. Readdy et al, No. 2:2010cv02980 - Document 17 (E.D. Cal. 2012)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 04/06/12 ORDERING the clerk of the court shall randomly assign a District Judge to this action. U.S. District Judge Morrison C. England Jr. randomly assigned to this action. Also, RECOMMENDING that defendants Liau and Purvis be dismissed without prejudice from this action. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)

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(PC) Elliot v. Readdy et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT ELLIOT, 11 Plaintiff, 12 13 No. 2:10-cv-2980 KJN P vs. S. READDY, et al., 14 ORDER and Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 Pursuant to this court’s screening of plaintiff’s original complaint pursuant to 28 17 U.S.C. § 1915A(a),1 the court found that the complaint may state cognizable claims against 18 defendants Fransham, Walker, Readdy, Moumeror, Paramvir, Gabriel, Beck, Liu, Cui, the 19 McHenry Medical Group, Doctors Hospital of Manteca, and Doctor’s Medical Center of 20 Modesto, but did not state a claim against defendants Liau or Purvis. (Dkt. No. 7.) The court 21 gave plaintiff the option of proceeding on his original complaint or filing an amended complaint 22 that added a cognizable claim against defendants Liau and Purvis. Plaintiff chose to proceed on 23 his original complaint, effectively choosing to terminate this action against defendants Liau or 24 Purvis. 25 1 26 This matter is before the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B), Local General Order No. 262, and Local Rule 302(c). 1 Dockets.Justia.com 1 2 3 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall randomly assign a district judge to this case. In addition, IT IS HEREBY RECOMMENDED that defendants Liau and Purvis be dismissed without prejudice from this action. 5 These findings and recommendations are submitted to the United States District 6 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 days 7 after being served with these findings and recommendations, plaintiff may file written objections 8 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 9 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 10 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 11 (9th Cir. 1991). 12 DATED: April 6, 2012 13 14 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 15 16 elli2980.14option.fr.kjn 17 18 19 20 21 22 23 24 25 26 2

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