-KJN (PC) Edwards v. High Desert State Prison et al, No. 2:2010cv03461 - Document 17 (E.D. Cal. 2011)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/4/2011 RECOMMENDING that dft McDonald be dismissed from this action. Referred to Judge William B. Shubb; Objections due w/in 21 days. (Yin, K)
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-KJN (PC) Edwards v. High Desert State Prison 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 BRIAN DARNELL EDWARDS, 11 Plaintiff, 12 No. 2: 10-cv-3461 WBS KJN P vs. 13 HIGH DESERT STATE PRISON, 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 states potentially cognizable 18 claims against defendants Turner-Gambery, Cheney, Mitchell and Swingle, but did not state a 19 claim against defendant McDonald. (Dkt. No. 14.) The court gave plaintiff the option of 20 proceeding on his amended complaint or filing a second amended complaint that added a 21 cognizable claim against defendant McDonald. Plaintiff chose to proceed on his amended 22 complaint against defendants Turner-Gambery, Cheney, Mitchell and Swingle, effectively 23 choosing to terminate this action against defendant McDonald. 24 Accordingly, IT IS HEREBY RECOMMENDED that defendant McDonald be 25 dismissed from this action. 26 //// 1 Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 days 3 after being served with these findings and recommendations, plaintiff may file written objections 4 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 5 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 6 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 7 (9th Cir. 1991). 8 DATED: May 4, 2011 9 10 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 11 12 ed3461.fr 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2