(PC) Olic v. Chacon et al, No. 2:2016cv02128 - Document 17 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 5/1/2018 RECOMMENDING Plaintiff's claims against defendant Church be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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(PC) Olic v. Chacon et al Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MILORAD OLIC, 12 13 14 15 No. 2:16-cv-2128-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS R. CHACON, 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 30, 2018, the court found that plaintiff had stated a 19 potentially cognizable Eighth Amendment excessive force claim against defendants Chacon and 20 Rainey and informed plaintiff he could proceed against those defendants only or file an amended 21 complaint within 30 days that also states a claim against defendant Church. The time for 22 amending has passed and plaintiff has elected to proceed only with the claim against defendants 23 Chacon and Rainey. See ECF No. 12. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendant Church be dismissed 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 Dockets.Justia.com 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.” Failure to file objections 3 within the specified time may waive the right to appeal the District Court’s order. Turner v. 4 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: May 1, 2018. 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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