-KJN (PC) Asberry v. Cate et al, No. 2:2011cv02462 - Document 16 (E.D. Cal. 2012)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 1/5/2012 RECOMMENDING that defendant Cate be dismissed. Referred to Judge Kimberly J. Mueller; Objections due within 21 days. (Yin, K)
Download PDF
<![CDATA[
-KJN (PC) Asberry v. Cate et al Doc. 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TONY ASBERRY, 11 12 Plaintiff, No. 2: 11-cv-2462 KJM KJN P vs. 13 MATTHEW CATE, et al., 14 Defendants. 15 FINDINGS & RECOMMENDATIONS / 16 Plaintiff is a state prisoner proceeding without counsel with a civil rights action 17 pursuant to 42 U.S.C. § 1983. The undersigned has separately issued an order addressing the 18 second amended complaint filed December 1, 2011. The undersigned found that the second 19 amended complaint stated a colorable claim for relief against all defendants but for defendant 20 Cate. For the reasons stated in that order, defendant Cate should be dismissed. 21 22 Accordingly, IT IS HEREBY RECOMMENDED that defendant Cate be dismissed. 23 These findings and recommendations are submitted to the United States District 24 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty- 25 one days after being served with these findings and recommendations, plaintiff may file written 26 objections with the court. The document should be captioned “Objections to Magistrate Judge’s 1 Dockets.Justia.com 1 Findings and Recommendations.” Plaintiff is advised that failure to file objections within the 2 specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 3 F.2d 1153 (9th Cir. 1991). 4 DATED: January 5, 2012 5 6 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 7 8 as2462.56 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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.
