(PC) Mester v. Kelso, et al, No. 2:2010cv02105 - Document 30 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 12/8/2010 recommending that defendants Kelso and Lankford be dismissed without prejudice; objections to the findings and recommendations may be filed w/i 14 days from date of service; Matter referred to Judge Lawrence K. Karlton. (Waggoner, D)
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(PC) Mester v. Kelso, 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 MORRIS MESTER, Plaintiff, FINDINGS AND RECOMMENDATIONS vs. 12 13 No. CIV S-10-2105 LKK EFB P Defendants. 11 KELSO, et al., 14 / 15 Plaintiff is a prisoner without counsel suing for alleged civil rights violations. See 42 16 17 U.S.C. § 1983. By order filed November 9, 2010, the court found that service was appropriate 18 for defendants Clark, Rahman, Swingle and French and informed plaintiff he could proceed 19 against those defendants only or file an amended complaint that also states a claim against 20 defendants Kelso and Lankford. The court also informed plaintiff that the court would consider 21 his decision to proceed only as to defendants Clark, Rahman, Swingle and French as consent to 22 the dismissal of Kelso and Lankford. On November 29, 2010, plaintiff returned documents for 23 service against defendants Clark, Rahman, Swingle and French and consented to the dismissal of 24 defendants Kelso and Lankford. 25 //// 26 //// 1 Dockets.Justia.com 1 2 Accordingly, IT IS HEREBY RECOMMENDED that defendants Kelso and Lankford 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: December 8, 2010. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2