-EFB (PC) Nicholson v. Medina et al, No. 2:2010cv01425 - Document 17 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 1/11/2011 RECOMMENDING that pltf's claims against dfts Cate, McDonald, and Swingle be dismissed w/out prejudice. Referred to Judge Frank C. Damrell, Jr.; Objections due w/in 14 days. (Yin, K)
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-EFB (PC) Nicholson v. Medina et al Doc. 17 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELDRED NICHOLSON, 11 Plaintiff, 12 13 No. CIV S-10-1425 FCD EFB P vs. D. MEDINA, et al., 14 Defendants. FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. 16 17 See 42 U.S.C. § 1983. By order filed December 22, 2010, the court found that plaintiff had 18 stated sufficient allegations against defendants Medina and Shaw and informed plaintiff he could 19 proceed against defendants Medina and Shaw only or file an amended complaint to attempt to 20 state cognizable claims against other defendants. The court also informed plaintiff that the court 21 would consider his decision to proceed only as to defendants Medina and Shaw as consent to the 22 dismissal of plaintiff’s defective claims against defendants Cate, McDonald, and Swingle, 23 without prejudice. On December 30, 2010, plaintiff returned documents for service against 24 defendants Medina and Shaw. 25 //// 26 //// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendants Cate, McDonald, and Swingle 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: January 11, 2011. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2