-EFB (PC) Cruz v. Michaels et al, No. 2:2010cv01162 - Document 30 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 4/5/11 recommending that "Warden," Michaels, and "Chief Medical Officer be dismissed from this action. Objections due within fourteen days after being served with these findings and recommendations. (Duong, D) Modified on 4/5/2011 (Duong, D).
Download PDF
-EFB (PC) Cruz v. Michaels et al Doc. 30 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL CRUZ, Plaintiff, 11 vs. 12 13 No. CIV S-10-1162 JAM EFB P MICHAELS, 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. On September 28, 2010, the court screened plaintiff’s complaint, found that it 18 did not state cognizable claims against “Warden,” Michaels, or “Chief Medical Officer,” and 19 explained to plaintiff that he either could proceed with his action solely against defendants 20 Reynolds, Clarke, Mallet, Walker, and Brown, or file an amended complaint in an attempt to 21 state a claim also against “Warden,” Michaels, and “Chief Medical Officer.” On October 26, 22 2010, plaintiff submitted the documents necessary for service on Reynolds, Clarke, Mallet, 23 Walker, and Brown along with a Notice of Submission of Documents, indicating that plaintiff 24 elects to proceed solely against those defendants and consents to dismissal of all claims against 25 “Warden,” Michaels, and “Chief Medical Officer.” 26 //// 1 Dockets.Justia.com 1 2 Accordingly, it is hereby RECOMMENDED that “Warden,” Michaels, and “Chief Medical Officer” be dismissed from this action. 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: April 5, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2