-EFB (PC) Blamey v. Allen et al, No. 2:2010cv03470 - Document 26 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/31/11 RECOMMENDING that plaintiffs Eighth Amendment claim against defendant Allen and all of plaintiffs claims against defendant Swarthout be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr.; Objections to F&R due within 14 days.(Dillon, M)
Download PDF
<![CDATA[
-EFB (PC) Blamey v. Allen et al Doc. 26 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONALD DENNIS BLAMEY, Plaintiff, 11 12 vs. 13 No. CIV S-10-3470 GEB EFB P A. ALLEN, et al., 14 15 16 Defendants. FINDINGS AND RECOMMENDATIONS / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. By order filed March 18, 2011, the court found that plaintiff had stated a 18 cognizable claim against defendant Allen for denial of access to the courts, and informed 19 plaintiff he could proceed against defendant Allen only on that claim or file an amended 20 complaint to attempt to state additional cognizable claims against defendant Allen and defendant 21 Swarthout. The court also informed plaintiff that it would consider plaintiff’s decision to 22 proceed only as to defendant Allen on the access to courts claim as consent to the dismissal of 23 his claim against defendant Allen for violation of the Eighth Amendment and all of his claims 24 against defendant Swarthout. On March 18 and May 17, 2011, plaintiff returned documents for 25 service against defendant Allen, electing not to file an amended complaint to attempt to state a 26 cognizable Eighth Amendment claim against defendant Allen or cognizable claims against 1 Dockets.Justia.com 1 2 defendant Swarthout. Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s Eighth Amendment 3 claim against defendant Allen and all of plaintiff’s claims against defendant Swarthout be 4 dismissed without prejudice. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 within the specified time may waive the right to appeal the District Court’s order. Turner v. 11 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 Dated: May 31, 2011. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
