(PC) Cato v. Darst et al, No. 2:2017cv01873 - Document 15 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 7/19/2018 RECOMMENDING plaintiff's claims against defendants Shiplet and Albonico 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) Cato v. Darst et al Doc. 15 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CATO, JR., 12 13 14 No. 2:17-cv-1873-TLN-EFB P Plaintiff, FINDINGS AND RECOMMENDATIONS v. M. DARST, 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. By order filed June 15, 2018, the court found that service of the complaint is 19 appropriate for defendants Delagarza-Dillard, Campbell, Snyder, Bennett, Darst, and Romero. 20 ECF No. 8. The court informed plaintiff he could proceed against these defendants only or file an 21 amended complaint within 30 days that also states a claim against defendants Shiplet and 22 Albonico. Id. The time for amending has passed and plaintiff has elected to proceed only with 23 the claims against defendants Delagarza-Dillard, Campbell, Snyder, Bennett, Darst, and Romero. 24 See ECF No. 12. 25 26 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s claims against defendants Shiplet and Albonico be dismissed without prejudice. 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 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: July 19, 2018. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2