(PC) Mester v. Dickinson et al, No. 2:2009cv03307 - Document 33 (E.D. Cal. 2010)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/12/10 Recommending that Defendants Dickinson, Flores, Dilen, Gray and Mitchell be dismissed from this Action. These Findings and Recommendations are submitted to U.S. District Judge Frank C. Damrell, Jr. Within twenty-one days after being served with these Findings and Recommendations, Plaintiff may file written objections with the Court. (Mena-Sanchez, L)
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(PC) Mester v. Dickinson et al Doc. 33 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MORRIS MESTER, 11 12 13 14 15 16 Plaintiff, No. 2:09-cv-3307 FCD KJN P vs. K. DICKINSON, et al., Defendants. FINDINGS AND RECOMMENDATIONS / Pursuant to this court’s screening of plaintiff’s original complaint pursuant to 28 17 U.S.C. § 1915A(a), the court found that the complaint may state cognizable claims against 18 defendants A. Miller, B. Reed, W.J. Sinkovich and T. Robertson, but did not state a claim 19 against the remaining defendants. (Dkt. No. 24.) The court gave plaintiff the option of 20 proceeding on his original complaint or filing an amended complaint that added a cognizable 21 claim against the remaining defendants. However, on August 5, 2010, plaintiff chose to proceed 22 on his original complaint against defendants A. Miller, B. Reed, W.J. Sinkovich and T. 23 Robertson, effectively choosing to terminate this action against the remaining defendants. 24 25 26 Accordingly, IT IS HEREBY RECOMMENDED that defendants Dickinson, Flores, Dilen, Gray and Mitchell be dismissed from this action. These findings and recommendations are submitted to the United States District 1 Dockets.Justia.com 1 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 2 one 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 6 F.2d 1153 (9th Cir. 1991). 7 DATED: August 12, 2010 8 9 10 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 11 12 13 mest3307.fr 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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