(PC) Patrick v. Leal, et al., No. 2:2017cv00857 - Document 12 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 05/31/18 ORDERING the Clerk of Court randomly assign a United States District Judge to this action. Also, RECOMMENDING that plaintiffs claims against defendant Murphy be dismissed without prejudice. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 5/31/2018 (Plummer, M).

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(PC) Patrick v. Leal, et al. Doc. 12 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICHOLAS PATRICK, 12 Plaintiff, 13 14 No. 2:17-cv-857-EFB P v. ORDER AND FINDINGS AND RECOMMENDATIONS LEAL, et al., 15 Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 18 U.S.C. § 1983. By order filed April 25, 2018, the court found that plaintiff had stated potentially 19 cognizable Eighth Amendment claims against defendants Lee, Leal, and Yang. ECF No. 5. The 20 court informed plaintiff he could proceed as to those defendants only or file an amended 21 complaint within 30 days to cure the defects in his claims against defendant Murphy. Id. The 22 time for amending has passed and plaintiff has elected to proceed only with the claims against 23 defendants Lee, Leal, and Yang. See ECF No. 8. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 24 25 assign a United States District Judge to this action. Further, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendant 26 27 Murphy be dismissed without prejudice. 28 ///// Dockets.Justia.com 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 3 after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 6 within the specified time may waive the right to appeal the District Court’s order. Turner v. 7 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 8 Dated: May 31, 2018. 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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