(PC) Carter v. Dawson et al, No. 1:2007cv01325 - Document 8 (E.D. Cal. 2009)

Court Description: FINDINGS and RECOMMENDATIONS recommending that Defendants Weinstein, Karr, Ndoa and Bear be dismissed, and Plaintiff's claims against the appeal reviewers be dismissed re 1 . Motion referred to Judge Wanger, Objections to F&R due by 5/6/2009, signed by Magistrate Judge William M. Wunderlich on 4/3/09. (Gil-Garcia, A)

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(PC) Carter v. Dawson et al Doc. 8 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LON CARTER, 10 CASE NO. 1:07-cv-01325-OWW-WMW PC Plaintiff, FINDINGS AND RECOMMENDATIONS 11 12 13 v. NICK DAWSON, et al., Defendants. 14 / 15 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action 17 pursuant to 42 U.S.C. § 1983. On January 30, 2009, the Court issued an order finding that 18 Plaintiff’s complaint states cognizable claims against Defendants Dawson and Mendoza-Powers, but 19 does not state a cognizable claim against the remaining Defendants. The Court ordered Plaintiff to 20 either file an amended complaint or notify the Court of his willingness to proceed only on the claims 21 found to be cognizable. On February 20, 2009, Plaintiff notified the Court that he does not wish to 22 amend and is willing to proceed on the claims found cognizable. Based on Plaintiff’s notice, this 23 Findings and Recommendations now issues. See Noll v. Carlson, 809 F. 2d 1446, 1448 (9th Cir. 24 1987) (prisoner must be given notice of deficiencies and opportunity to amend prior to dismissing 25 for failure to state a claim). 26 27 28 Accordingly, it is HEREBY RECOMMENDED that Defendants Weinstein, Karr, Ndoa and Bear be dismissed, and Plaintiff’s claims against the appeal reviewers be dismissed. These Findings and Recommendations will be submitted to the United States District Judge 1 Dockets.Justia.com 1 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) 2 days after being served with these Findings and Recommendations, plaintiff may file written 3 objections with the Court. The document should be captioned “Objections to Magistrate Judge’s 4 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 5 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 6 1153 (9th Cir. 1991). 7 8 IT IS SO ORDERED. 9 Dated: April 3, 2009 mmkd34 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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