(PC) Turner v. Salinas, No. 2:2010cv01848 - Document 24 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/28/10 recommending that defendants Salinas, Manning, Fiung, Talisayani, Rivera, Langren, Rubeck and Farman be dismissed from this action. Referred to Judge Morrison C. England Jr. Objections due within 21 days. (Plummer, M)
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(PC) Turner v. Salinas Doc. 24 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANTHONY R. TURNER, 11 Plaintiff, 12 13 No. 2: 10-cv-1848 MCE KJN P vs. WARDEN SALINAS, et al., 14 Defendants. 15 FINDINGS AND RECOMMENDATIONS / 16 Pursuant to this court’s screening of plaintiff’s amended complaint pursuant to 28 17 U.S.C. § 1915A(a), the court found that the amended complaint may state cognizable claims 18 against defendants Vertinelli, Hale and Colon, but did not state a claim against defendants 19 Salinas, Manning, Fiung, Talisayani, Rivera, Langren, Rubeck and Farman. (Dkt. No. 15.) The 20 court gave plaintiff the option of proceeding on his amended complaint or filing a second 21 amended complaint that added cognizable claims against defendants Salinas, Manning, Fiung, 22 Talisayani, Rivera, Langren, Rubeck and Farman. Plaintiff chose to proceed on his amended 23 complaint against defendants Vertinelli, Hale and Colon, effectively choosing to terminate this 24 action against defendants Salinas, Manning, Fiung, Talisayani, Rivera, Langren, Rubeck and 25 Farman. 26 //// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that defendants Salinas, Manning, Fiung, Talisayani, Rivera, Langren, Rubeck and Farman be dismissed from this action. 3 These findings and recommendations are submitted to the United States District 4 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 7 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 9 (9th Cir. 1991). 10 DATED: October 28, 2010 11 12 13 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 14 15 16 tur1848.fr 17 18 19 20 21 22 23 24 25 26 2