(PC) Owens v. Defazio et al, No. 2:2016cv02750 - Document 6 (E.D. Cal. 2016)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/8/16 ORDERING that the Clerk of the Court is directed to assign a district judge to this action; and it is RECOMMENDED that defendant Dental Department be dismissed. Randomly assigned and referred to Judge John A. Mendez; 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 THEON OWENS, 12 13 14 15 No. 2: 16-cv-2750 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS JOSEPH DEFAZIO, 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 complaint. 19 The undersigned found that the complaint stated potentially colorable claims for relief against all 20 defendants but defendant Dental Department. The undersigned found that the claims against 21 defendant Dental Department were barred by the Eleventh Amendment. Accordingly, the 22 undersigned herein recommends dismissal of defendant Dental Department on these grounds. 23 24 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign a district judge to this action; and 25 IT IS HEREBY RECOMMENDED that defendant Dental Department be dismissed. 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, plaintiff may file written objections 1 1 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.” Plaintiff is advised that 3 failure to file objections within the specified time may waive the right to appeal the District 4 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 5 Dated: December 8, 2016 6 7 8 9 Ow2750.56 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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