(PC) Bardo v. Martel et al, No. 2:2009cv03479 - Document 19 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/20/10 recommending that plaintiff's claims against all remaining defendants Green, Chamberlain, Knipp, Martel, Pimental, McCloughan, Machado, Long, Porter, Clendenin , Lackner, Garcia, Chambers, Kaplan, Vanni, Wilson, Phillips, Reyes, Hutchins, Batchelor, Purviance, Luck, Islas, Dobler, Woolbright, Stewart, Thomas and Bueno be dismissed without prejudice. Referred to Judge Frank C. Damrell. Objections due within 14 days. (Plummer, M)
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(PC) Bardo v. Martel et al Doc. 19 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT J. BARDO, Plaintiff, 11 12 13 14 15 16 No. CIV S-09-3479 FCD EFB P vs. M. MARTEL, et al., Defendants. FINDINGS AND RECOMMENDATIONS / Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 17 U.S.C. § 1983. By order filed September 3, 2010, the court found that plaintiff had stated 18 sufficient charging allegations against defendants Lockhart, Butcher, and Ramos and informed 19 plaintiff he could proceed against those defendants only or file an amended complaint that also 20 states a claim against the other named defendants. The court also informed plaintiff that the 21 court would consider his decision to proceed only as to defendants Lockhart, Butcher, and 22 Ramos as consent to the dismissal of all claims against the remaining defendants. Plaintiff 23 returned documents for service against defendants Lockhart, Butcher, and Ramos. 24 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against all 25 remaining defendants – Green, Chamberlin, Knipp, Martel, Pimental, McCloughan, Machado, 26 Long, Porter, Clendenin, Lackner, Garcia, Chambers, Kaplan, Vanni, Wilson, Phillips, Reyes, Dockets.Justia.com 1 Hutchins, Batchelor, Purviance, Luck, Islas, Dobler, Woolbright, Stewart, Thomas and Bueno – 2 be dismissed without prejudice. 3 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 fourteen 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: October 20, 2010. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2