(PC) Benyamini v. Mendoza et al, No. 2:2009cv02602 - Document 16 (E.D. Cal. 2010)
Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/2/2010 ORDERING the clerk to assign a district judge to this case; and RECOMMENDING that pltf's claims re denial of outdoor or physical exercise and of access to a television or radio for the period of 5/4/05-5/14/05, as well as any claims against dfts Hamilton, Ramirez and Hurtado, be dismissed. Assigned and Referred to Judge Lawrence K. Karlton; Objections to F&R due w/in 14 days. (Yin, K)
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(PC) Benyamini v. Mendoza et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT P. BENYAMINI, 11 Plaintiff, 12 vs. 13 No. CIV S-09-2602 GGH P MENDOZA, et al., 14 Defendants. 15 ORDER & / 16 FINDINGS AND RECOMMENDATIONS Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 17 to 42 U.S.C. § 1983. By separate order, the court has found certain of plaintiff’s claims against 18 some defendants appropriate for service. However, for the reasons set forth in the order, filed on 19 March 2, 2010, the undersigned now recommends dismissal of certain claims and defendants. 20 21 Accordingly, IT IS ORDERED that the Clerk of the Court make a district judge assignment to the instant case. 22 IT IS RECOMMENDED that plaintiff’s claims regarding denial of outdoor or 23 physical exercise and of access to a television or radio for the period of May 4, 2005, until May 24 14, 2005, as well as any claims against defendants Hamilton, Ramirez and Hurtado, be 25 dismissed. 26 \\\\\ 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 3 days after being served with these findings and recommendations, plaintiff may file written 4 objections with the court. Such a document should be captioned “Objections to Magistrate 5 Judge's Findings and Recommendations.” Plaintiff is advised that failure to file objections 6 within the specified time may waive the right to appeal the District Court's order. Martinez v. 7 Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 DATED: June 2, 2010 9 /s/ Gregory G. Hollows 10 GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE 11 GGH:009 12 beny2602.fr 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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