(PC) Wilkins v. Gonzalez, et al., No. 2:2016cv00347 - Document 20 (E.D. Cal. 2016)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/12/16 RECOMMENDING that all claims in the second amended complaint, except for the retaliation claims against defendants Swarthout, Chaiken, Jones, Vasquez, Hurtz, Couch, Gonzales and Pulley, and the Eighth Amendment claim against defendant Jones, be dismissed. referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Dillon, 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 KEENAN WILKIN, 12 13 14 15 No. 2: 16-cv-0347 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS PAUL GONZALES, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. The undersigned has separately issued an order screening the second 19 amended complaint (ECF No. 17.) The undersigned found that plaintiff stated potentially 20 colorable retaliation claims against defendant Swarthout, Chaiken, Jones, Vasquez, Hurtz, Couch, 21 Gonzales and Pulley, and a potentially colorable Eighth Amendment claim against defendant 22 Jones. The undersigned found that the other claims alleged were not potentially colorable. 23 Accordingly, for the reasons stated in the separately issued order, IT IS HEREBY 24 RECOMMENDED that all claims in the second amended complaint, except for the retaliation 25 claims against defendants Swarthout, Chaiken, Jones, Vasquez, Hurtz, Couch, Gonzales and 26 Pulley, and the Eighth Amendment claim against defendant Jones, be dismissed. 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 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 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.” Plaintiff is advised that 4 failure to file objections within the specified time may waive the right to appeal the District 5 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: August 12, 2016 7 8 9 10 11 Wilk347.fr 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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