(PC) Crane v. Rodriguez, et al, No. 2:2015cv00208 - Document 34 (E.D. Cal. 2015)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/10/15 recommending that defendant Madrigal be dismissed without prejudice. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD JOSEPH CRANE, 12 Plaintiff, 13 14 No. 2:15-cv-0208 TLN KJN P v. FINDINGS AND RECOMMENDATIONS RODRIGUEZ, et al., 15 Defendants. 16 17 On October 20, 2015, plaintiff was given the option to proceed as to six defendants, or to 18 file a third amended complaint and attempt to state a cognizable claim as to additional defendant 19 Madrigal. On November 2, 2015, plaintiff filed documents for service of process on the six 20 defendants, and consented to the dismissal of defendant Madrigal without prejudice. (ECF No. 21 29.) 22 23 Accordingly, IT IS HEREBY RECOMMENDED that defendant Madrigal be dismissed without prejudice. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: November 10, 2015 4 5 /cw/cran0208.56 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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