(PC) Witkin v. Sloan et al, No. 2:2016cv02950 - Document 15 (E.D. Cal. 2018)
Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/24/2018 RECOMMENDING that plaintiff's claims against defendant Sloan be dismissed without prejudice. Referred to Judge John A. Mendez. Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Cannarozzi, N)
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(PC) Witkin v. Sloan et al Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL AARON WITKIN, 12 13 14 15 No. 2:16-cv-2950-JAM-EFB P Plaintiff, FINDINGS AND RECOMMENDATIONS v. ANDREA SLOAN, 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 July 3, 2018, the court found that service of the second amended 19 complaint is appropriate for defendants Blackwell and Williams. ECF No. 11. The court 20 informed plaintiff he could proceed against defendants Blackwell and Williams only or file an 21 amended complaint within 30 days that also states a claim against defendant Sloan. Id. The time 22 for amending has passed and plaintiff has elected to proceed only with the claims against 23 defendants Blackwell and Williams. See ECF No. 14. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendant Sloan 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: September 24, 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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