(PC)Zaiza v. Tamplen et al, No. 2:2015cv00447 - Document 31 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 6/14/2018 RECOMMENDING plaintiff's claims against defendants Holmes, Shriver, and Damn be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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(PC)Zaiza v. Tamplen et al Doc. 31 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 No. 2:15-cv-0447-KJM-EFB P JOSE R. ZAIZA, Plaintiff, FINDINGS AND RECOMMENDATIONS v. D. TAMPLEN, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. By order filed January 31, 2018, the court found that plaintiff had stated 19 potentially cognizable claims against defendants Giessner, Tamplen, Robertson, Davis, Gonzales, 20 Fleming, and Arana. ECF No. 16. The court informed plaintiff he could proceed against those 21 defendants only or file an amended complaint within 30 days that also states a claim against 22 defendants Holmes, Shriver, and Damn. Id. The time for amending has passed and plaintiff has 23 elected to proceed only with the claims against defendants Giessner, Tamplen, Robertson, Davis, 24 Gonzales, Fleming, and Arana. See ECF No. 17. 25 26 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendants Holmes, Shriver, and Damn be dismissed without prejudice. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days Dockets.Justia.com 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: June 14, 2018. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2