(PC) Bivins v. Ju et al, No. 2:2016cv00389 - Document 15 (E.D. Cal. 2016)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/9/2016 RECOMMENDING defendants Sahota and Zamora be dismissed from this action without prejudice. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

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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 JOSEPH BIVINS, 12 13 14 15 No. 2:16-cv-0389 MCE KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DR. JU, et al., Defendants. 16 17 Pursuant to this court’s screening of plaintiff’s original complaint pursuant to 28 U.S.C. 18 § 1915A(a), the court found that the complaint may state cognizable claims against defendant Dr. 19 Ju, but did not state a claim against defendants Sahota and Zamora. (ECF No. 9.) The court gave 20 plaintiff the option of proceeding on his original complaint or filing an amended complaint that 21 stated cognizable claims against defendants Sahota and Zamora. Plaintiff chose to proceed on his 22 original complaint against defendant Dr. Ju, effectively choosing to terminate this action against 23 defendants Sahota and Zamora. 24 25 IT IS HEREBY RECOMMENDED that defendants Sahota and Zamora be dismissed from this action without prejudice. 26 These findings and recommendations are submitted to the United States District Judge 27 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 28 after being served with these findings and recommendations, any party may file written 1 1 objections with the court and serve a copy on all parties. Such a document should be captioned 2 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 3 shall be filed and served within fourteen days after service of the objections. The parties are 4 advised that failure to file objections within the specified time may waive the right to appeal the 5 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: December 9, 2016 7 8 9 bivi0389.dsm2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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