(PC) Sekona v. Lizarraga et al, No. 2:2017cv00346 - Document 25 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 8/15/2018 RECOMMENDING plaintiff's claims against defendants Lizarraga, Chambers, and Mesa be dismissed without prejudice. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)

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(PC) Sekona v. Lizarraga et al Doc. 25 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ETUATE SEKONA, 12 13 14 15 No. 2:17-cv-0346-KJM-EFB P Plaintiff, FINDINGS AND RECOMMENDATIONS v. JOE LIZARRAGA, 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 June 29, 2018, the court found that service of the complaint is 19 appropriate for defendants Hang, Thomas, Bank, and Hernandez. ECF No. 21. The court 20 informed plaintiff he could proceed against these defendants only or file an amended complaint 21 within 30 days that also states a claim against defendants Lizarraga, Chambers, and Mesa. Id. 22 The time for amending has passed and plaintiff has elected to proceed only with the claims 23 against defendants Hang, Thomas, Bank, and Hernandez. See ECF No. 22. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendants Lizarraga, Chambers, and Mesa 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: August 15, 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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