(PC) Penn v. Warden of Kern Valley State Prison et al, No. 1:2018cv01482 - Document 15 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 12 Findings and Recommendations That Plaintiff be Permitted to Proceed on Cognizable Claims and That Non-Cognizable Claims be Dismissed With Leave to Amend, signed by District Judge Anthony W. Ishii on 11/22/19. Amended Complaint Due Within Thirty Days. (Marrujo, C)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 MARLIN PENN, Plaintiff, 9 v. 10 11 A. LUCAS, et al., 12 Defendants. Case No. 1:18-cv-01482-AWI-JDP ORDER ADOPTING FINDINGS AND RECOMMENDATIONS THAT PLAINTIFF BE PERMITTED TO PROCEED ON COGNIZABLE CLAIMS AND THAT NONCOGNIZABLE CLAIMS BE DISMISSED WITH LEAVE TO AMEND ECF No. 12 13 14 15 Plaintiff Marlin Penn is a state prisoner proceeding without counsel in this civil rights 16 17 action brought under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 18 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 21, 2019, the magistrate judge screened plaintiff’s complaint. (ECF No. 12.) 19 20 The magistrate judge issued findings and recommendations that (1) plaintiff has stated retaliation 21 claims against defendants Lucas and Hernandez; (2) plaintiff’s remaining claims should be 22 dismissed without prejudice; and (3) plaintiff should be granted leave to amend the complaint. 23 (Id.) Plaintiff filed objections to the findings and recommendations on June 3, 2019. (ECF No. 24 13.) 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations (ECF No. 12) to be supported by the record and by 28 proper analysis. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations issued on May 21, 2019 (ECF No. 12) are adopted 3 consistent with this order; 4 2. Plaintiff states retaliation claims against defendants Lucas and Hernandez; 5 3. Plaintiff’s remaining claims and defendants are dismissed with leave to amend, 6 7 8 9 10 consistent with this order; 4. Plaintiff may file an amended complaint within thirty (30) days of service of this order; and 5. If Plaintiff does not file a timely amended complaint, this matter is referred to the Magistrate Judge to facilitate service of process and for other purposes. 11 12 13 IT IS SO ORDERED. Dated: November 22, 2019 SENIOR DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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