(PC) Jaspar v. Khoury et al, No. 2:2006cv01177 - Document 39 (E.D. Cal. 2009)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/29/09 recommending that pltf's claims against dfts hodges-Wilkins and Grannis be dismissed without prejudice. REFERRED to Judge Garland E. Burrell, Jr.. Objections to be filed with 15 days after being served with these findings and recommendations.(Carlos, K)
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(PC) Jaspar v. Khoury et al Doc. 39 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW LEE JASPAR, Plaintiff, 11 12 vs. 13 No. CIV S-06-1177 GEB EFB P KHOURY, et al., Defendants. 14 FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 16 17 U.S.C. § 1983. By order filed November 29, 2007, the court found that plaintiff had stated 18 sufficient charging allegations against defendants Aguilera, Bick, Khoury, Donahue, and 19 Bradley, and informed plaintiff he could proceed against those defendants only or file an 20 amended complaint that attempted to also state a claim against defendants Hodges-Wilkins and 21 Grannis. Plaintiff was informed that the court would consider his decision to proceed only as to 22 defendants Aguilera, Bick, Khoury, Donahue, and Bradley as consent to the dismissal of the 23 other named defendants. On January 9, 2008, plaintiff returned documents for service against 24 defendants Aguilera, Bick, Khoury, Donahue, and Bradley. 25 //// 26 //// 1 Dockets.Justia.com 1 2 3 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendants Hodges-Wilkins and Grannis be dismissed without prejudice. These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fifteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: January 29, 2009. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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