-KJN (PC) Edwards v. High Desert State Prison et al, No. 2:2010cv03461 - Document 26 (E.D. Cal. 2011)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 07/19/11 granting 25 Motion for Extension of Time. Defendants' response to the first amended complaint is due 21 days following the adoption of the instant findings and recommendations recommending dismissal of defendant McDonald. Also, RECOMMENDING that defendant McDonald be dismissed. Referred to Judge William B. Shubb. Objections due within 21 days. (Plummer, M)

Download PDF
-KJN (PC) Edwards v. High Desert State Prison et al Doc. 26 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 ORDER AND FINDINGS AND RECOMMENDATIONS / 16 Plaintiff is a state prisoner proceeding without counsel, with a civil rights action 17 pursuant to 42 U.S.C. § 1983. On June 9, 2011, plaintiff was granted thirty days to file a second 18 amended complaint to cure the pleading defects as to the claims against defendant McDonald. 19 The June 9, 2011 order warned plaintiff that if he did not file a second amended complaint, the 20 court would recommend dismissal of defendant McDonald for the reasons stated in the 21 previously vacated findings and recommendations. Thirty days passed and plaintiff did not file 22 an amended complaint. Accordingly, the undersigned recommends that defendant McDonald be 23 dismissed for the reasons stated in the previously vacated findings and recommendations filed 24 May 5, 2011 (Dkt. No. 17). 25 //// 26 //// Dockets.Justia.com 1 On July 7, 2011, defendants Mitchell, Cheney, Swingle and Turner-Gamberg filed 2 a motion for extension of time to file a response to the amended complaint. Good cause 3 appearing, this motion is granted. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Defendants’ motion for extension of time (Dkt. No. 25) is granted; 6 2. Defendants’ response to the first amended complaint is due twenty-one days 7 following the adoption of the instant findings and recommendations recommending dismissal of 8 defendant McDonald; 9 IT IS HEREBY RECOMMENDED that defendant McDonald be dismissed. 10 These findings and recommendations are submitted to the United States District 11 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 12 one days after being served with these findings and recommendations, any party may file written 13 objections with the court and serve a copy on all parties. Such a document should be captioned 14 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 15 objections shall be filed and served within fourteen days after service of the objections. The 16 parties are advised that failure to file objections within the specified time may waive the right to 17 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 18 DATED: July 19, 2011 19 20 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 21 22 edwa3461.36 23 24 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.