(PC) Jarrard v. Solano County, et al., No. 2:2016cv02838 - Document 21 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 06/14/18 RECOMMENDING that plaintiff's claims against defendants Lenke and Solano County be dismissed without prejudice. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
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(PC) Jarrard v. Solano County, et al. Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES JOSHUA JARRARD, 12 13 14 15 No. 2:16-cv-2838-JAM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SOLANO COUNTY, 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 April 26, 2018, the court found that plaintiff had stated a 19 potentially cognizable Fourteenth Amendment excessive force claim against defendant Sandoval. 20 ECF No. 14. The court informed plaintiff he could proceed as to defendant Sandoval only or file 21 an amended complaint within 30 days to cure the defects in his claims against defendants Lenke 22 and Solano County. Id. The time for amending has passed and plaintiff has elected to proceed 23 only with the claim against defendant Sandoval. See ECF No. 17. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendants Lenke and Solano County 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: June 14, 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