(PC) Hoffmann v. Yderraga et al, No. 2:2017cv01755 - Document 15 (E.D. Cal. 2018)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 9/28/2018 ORDERING Clerk of Court to appoint a district judge to this action and RECOMMENDING that defendants Lassen County and Bustamante be dismissed. Assigned and referred to Judge Morrison C. England, Jr. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KASEY F. HOFFMAN, 12 13 14 No. 2: 17-cv-1755 KJN P Plaintiff, v. ORDER AND FINDINGS AND RECOMMENDATIONS MICHELE YDERRAGA, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. The undersigned has separately issued an order screening plaintiff’s second 19 amended complaint. In this order, the undersigned found that plaintiff’s claims against 20 defendants Lassen County and Bustamante were barred by the doctrines of res judicata and 21 collateral estoppel. For the reasons stated in that order, the undersigned herein recommends 22 dismissal of defendants Lassen County and Bustamante. 23 24 25 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint a district judge to this action; and IT IS HEREBY RECOMMENDED that defendants Lassen County and Bustamante be dismissed. 27 These findings and recommendations are submitted to the United States District Judge 28 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 1 1 after being served with these findings and recommendations, plaintiff may file written objections 2 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.” Plaintiff is advised that 4 failure to file objections within the specified time may waive the right to appeal the District 5 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 6 Dated: September 28, 2018 7 8 9 10 Hoff1755.56 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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