(PC) Price v. Barnes et al, No. 2:2017cv00772 - Document 22 (E.D. Cal. 2018)
Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 10/8/2018 ORDERING the Clerk to randomly assign a US District Judge to this action and RECOMMENDING plaintiff's claims against defendants Woodyard, Palmer, Taber, Keeton, and Wendlandt be dismissed without prejudice. Assigned and referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)
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(PC) Price v. Barnes et al Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ASHLEY LUTHER MURRAY PRICE, 12 Plaintiff, 13 14 No. 2:17-cv-0772-EFB P v. ORDER AND FINDINGS AND RECOMMENDATIONS RON BARNES, Warden, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. In a screening order filed July 16, 2018, the court found that service of the 19 complaint is appropriate for defendants Barnes, Speerman, Beard, and Kernan. ECF No. 13. The 20 court informed plaintiff he could proceed against defendants Barnes, Speerman, Beard, and 21 Kernan or file an amended complaint within 30 days that cures the deficiencies in his claims 22 against defendants Woodyard, Palmer, Taber, Keeton, and Wendlandt. Id. The time for 23 amending has passed and the court has denied plaintiff’s motion for reconsideration of the 24 screening order. 25 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 26 assign a United States District Judge to this action. 27 ///// 28 1 Dockets.Justia.com 1 2 Further, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendants Woodyard, Palmer, Taber, Keeton, and Wendlandt be dismissed without prejudice. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, any party may file written 6 objections with the court and serve a copy on all parties. Such a document should be captioned 7 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 8 within the specified time may waive the right to appeal the District Court’s order. Turner v. 9 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 10 Dated: October 18, 2018. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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