(PC) Hernandez v. Lizzaraga et al, No. 2:2017cv01681 - Document 25 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/26/2018 RECOMMENDING plaintiff's claims against defendants Lizzaraga and CDCR be dismissed without prejudice. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)

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(PC) Hernandez v. Lizzaraga 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 ANTHONY C. HERNANDEZ, 12 Plaintiff, 13 14 No. 2:17-cv-1681-TLN-EFB P v. FINDINGS AND RECOMMENDATIONS JOE LIZZARAGA, et al., 15 Defendants. 16 17 Plaintiff is a county jail inmate proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. By order filed May 1, 2018, the court found that service of the complaint is 19 appropriate for defendant Clark-Barlow. ECF No. 11. The court informed plaintiff he could 20 proceed against defendant Clark-Barlow or file an amended complaint within 30 days that also 21 states a claim against defendants Lizzaraga and CDCR. Id. The time for amending has passed 22 and plaintiff has elected to proceed only with the claim against defendant Clark-Barlow. See ECF 23 No. 24. 24 25 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendants Lizzaraga and CDCR 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 1 Dockets.Justia.com 1 after being served with these findings and recommendations, any party may file written 2 objections with the court and serve a copy on all parties. Such a document should be captioned 3 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 4 within the specified time may waive the right to appeal the District Court’s order. Turner v. 5 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: September 26, 2018. 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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